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2015.04.14 CC Agenda Packet         AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds SPECIAL MEETING APRIL 14, 2015           6:15 P.M. - CALL TO ORDER   1.(45 Minutes)Convene in Executive Session to discuss a real estate matter per RCW 42.30.110(1)(c), and collective bargaining per RCW 42.30.140(1)(a).   STUDY SESSION APRIL 14, 2015   7:00 P.M. - CALL TO ORDER / FLAG SALUTE   2.(5 Minutes)Roll Call   3.(5 Minutes)Approval of Agenda   4.(5 Minutes)Approval of Consent Agenda Items   A.AM-7599 Approval of draft City Council Meeting Minutes of April 7, 2015.   B.AM-7626 Approval of claim checks #213650 through #213798 dated April 9, 2015 for $2,328,758.72.   5.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings   6.(15 Minutes) AM-7625 Opportunity to purchase property at 8413 196th St. SW pursuant to a Right of First Refusal.   7.(15 Minutes) AM-7597 Edmonds Tree Board Presentation and Request.         8.(5 Minutes) AM-7601 Interlocal Agreement - North Sound Metro SWAT   9.(15 Minutes) AM-7613 City Personnel Policy Update   10.(45 Minutes) AM-7527 Discussion regarding Code of Ethics   11.(30 Minutes) AM-7623 Diversity Task Force Recommendation   12.(15 Minutes) AM-7624 Amending the City Code regarding delinquency charges, threshold account balances, and turn-on and turn-off charges.   13.(5 Minutes)Mayor's Comments   14.(15 Minutes)Council Comments   15.Convene in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i).   16.Reconvene in open session. Potential action as a result of meeting in executive session.   ADJOURN            AM-7599     4. A.              City Council Meeting Meeting Date:04/14/2015 Time:Consent   Submitted By:Scott Passey Department:City Clerk's Office Type: Action  Information Subject Title Approval of draft City Council Meeting Minutes of April 7, 2015. Recommendation  Review and approve meeting minutes. Previous Council Action  N/A Narrative  Attachment 1 - Draft Council Meeting Minutes Attachments Draft 4-7-15 CC Minutes Form Review Form Started By: Scott Passey Started On: 04/01/2015 09:29 AM Final Approval Date: 04/01/2015  EDMONDS CITY COUNCIL DRAFT MINUTES April 7, 2015 The Edmonds City Council meeting was called to order at 6:49 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Diane Buckshnis, Councilmember Kristiana Johnson, Councilmember (arrived 6:58 p.m.) Lora Petso, Councilmember (arrived 6:56 p.m.) Joan Bloom, Councilmember (arrived 7:01 p.m.) Thomas Mesaros, Councilmember Michael Nelson, Councilmember ALSO PRESENT Noushyal Eslami, Student Representative STAFF PRESENT Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Scott James, Finance Director Shane Hope, Development Services Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Rob Chave, Planning Manager Jerry Shuster, Stormwater Eng. Program Mgr. Rob English, City Engineer Renee McRae, Recreation Manager Carolyn LaFave, Executive Assistant Jeff Taraday, City Attorney Linda Hynd, Deputy City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder 1. MEET WITH SISTER CITY CANDIDATE PATRICK SWEENEY FOR APPOINTMENT TO THE ESCC At 6:49 p.m., the City Council met with Patrick Sweeney, candidate for appointment to the Edmonds Sister City Commission. The meeting took place in the Jury Meeting Room, located in the Public Safety Complex. All elected officials were present with the exception of Councilmembers Johnson, Petso and Bloom. Mayor Earling reconvened the regular City Council meeting at 7:00 p.m. and led the flag salute. 2. ROLL CALL Deputy City Clerk Linda Hynd called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Petso requested Items G and K be removed from the Consent Agenda. Edmonds City Council Draft Minutes April 7, 2015 Page 1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL RETREAT MINUTES OF MARCH 13-14, 2015 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 24, 2015 C. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM ANDY DUFFUS D. APPROVAL OF CLAIM CHECKS #213388 THROUGH #213542 DATED MARCH 26, 2015 FOR $350,579.26 E. APPROVAL OF CLAIM CHECKS #213543 THROUGH #213649 DATED APRIL 2, 2015 FOR $238,800.59. APPROVAL OF PAYROLL REPLACEMENT CHECK #61554, DIRECT DEPOSIT AND CHECKS #61555 THROUGH #61564 FOR $486,320.19, BENEFIT CHECKS #61565 THROUGH #61572 AND WIRE PAYMENTS OF $416,835.18 FOR THE PAY PERIOD MARCH 16, 2015 THROUGH MARCH 31, 2015 F. CONFIRMATION OF PATRICK SWEENEY'S APPOINTMENT TO THE SISTER CITY COMMISSION H. AUTHORIZATION FOR MAYOR TO SIGN 2015 SPECIAL EVENT CONTRACTS I. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT TO PROVIDE A HEALTH & FITNESS EXPO J. AUTHORIZATION FOR MAYOR TO SIGN A LOCAL AGENCY AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE 228TH CORRIDOR PROJECT AND THE SR99 PH 3 LIGHTING IMPROVEMENTS L. REPORT OF FINAL CONTRACT COSTS OF THE ANNUAL SEWER REPLACEMENT PROJECT - PHASE 1 M. AUTHORIZATION TO PURCHASE 2014 NEW HOLLAND T6.165 TRACTOR ITEM G: AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITIES OF LYNNWOOD AND MOUNTLAKE TERRACE ON CITY-WIDE BICYCLE IMPROVEMENTS Councilmember Petso asked what happens if the City accepts the grant money to design bike lanes on 76th by reducing the travel lanes and later decides not to proceed with the project or to undo project, whether the City has to repay the grant money that was spent for project design or construction. City Attorney Jeff Taraday said the grant documents are completely silent with regard to the second scenario, where the project is built and after a couple years it is not working well. He would be surprised if Verdant would require repayment in that scenario. The contract does address the scenario where before completing the project the City decides to do something else. To distill the grant obligation to one sentence, it is essentially that Edmonds agrees to design, construct and implement the Edmonds projects identified in Exhibit A. If the Council did not intend to do that, it should not enter into this agreement. Mr. Taraday read from Section 5B in the agreement relating to changes in scope: If at any time Edmonds wishes to revise the scope of the project, Edmonds shall notify Lynnwood of the requested revision. Then Lynnwood shall submit a scope revision request to Verdant for Verdant’s consideration and approval. If Lynnwood wishes to revise the scope of the project, then Lynnwood shall submit a scope revision request to Verdant for Verdant’s consideration and approval. The parties recognize that pursuant to Paragraph 4.1 Edmonds City Council Draft Minutes April 7, 2015 Page 2 of the Verdant Agreement, Verdant, at Verdant’s option, may object to any scope revision request if the revisions will be materially inconsistent with the project identified in Exhibits A and B and such inconsistency will substantially interfere with the intended use of the project. If Verdant objects to a request for a scope revision, Lynnwood shall attempt to resolve Verdant’s objection. Edmonds shall cooperate with and provide reasonable assistance to Lynnwood in Lynnwood’s attempt to resolve Verdant’s objection. If Lynnwood is unable to resolve Verdant’s objection within 30 days after receiving such notice, and if the party requesting the scope revision does not elect to proceed with the original scope of the project, the parties recognize that Verdant may execute its options to terminate its funding obligations. He clarified the agreement does not say anything about repaying money, only terminate funding obligations. He interpreted that to mean that the City would not get any more money from Verdant if a decision was made not to continue the project but it did not set forth any repayment obligation. Similarly the agreement is also silent with regard to repayment obligation. Councilmember Bloom referred to information regarding the road diet that was presented in the Consent packet. She explained 8-80 Cities, an organization that deals with safety for 8-year olds and 80-year olds, who says sharrows are not effective or safe and recommends a grade separation or a physical barrier between the road, the bike lane and the pedestrian walkway. In the information regarding the road diet/transit, page 14 of the Seattle study includes a picture of Dexter Avenue before and after where the bike lane is on inside so there is a grade separation for pedestrians and a division between the road and bicyclists. She asked whether that design would be strongly considered in this design. The materials state sharrows will be used which is essentially bicycles sharing the road with vehicles. Mr. Williams asked which location she was referring to. Councilmember Bloom answered particularly in the areas around schools. She recalled several bicycle advocates have spoken to the Council about programs where children ride their bikes to school under the supervision of adults. She wanted assurance the children would be safe and that there would be a grade separation or a physical barrier not just a sharrow in school areas. Mr. Williams agreed with the observation that a protected, buffered bike lane, whether a physical or visible barrier, was better than a sharrow. A dedicated bike lane was also better than a sharrow. He did not necessarily agree that a sharrow was completely not advisable in some situations and in some places there was not a choice due the amount of right-of-way available and the physical setting. When the average daily traffic (ADT), width of pavement and width of the sharrow is considered, a sharrow gets more effective the wider the lane is and the lower the traffic volumes are. He summarized there are places where sharrows are useful. Councilmember Bloom clarified that was not her question. She was impressed with the 8-80 Cities approach; she would not feel safe having an 8-year old ride in a sharrow. She asked whether the Dexter Avenue design where the bike lane is on the inside and sidewalk borders the road with a grade separation, will be considered. Mr. Williams answered the $736,000 grant was built around certain assumptions with regard to bicycle facilities. Most of pictures of Seattle are exactly what is proposed, for example on 76th where there are currently 2 lanes in each direction will be changed to a 3 lane section with a center turn lane and dedicated bike lanes on the side of the road. He acknowledged it was not a protected bike lane but was a striped bike lane, 5 feet reserved for bicycles only. If the intent was to move the sidewalk outside the bike lane, pedestrians would be exposed to traffic. One of the advantages of a 3 lane section with bike lanes was it provides additional buffer between vehicles and pedestrians and created a better pedestrian experience. He did not think the Dexter Avenue geometry would be considered, basically for financial reasons and he did not believe that configuration had been proposed. Councilmember Bloom cited from the materials, “below are benefits that may be achieved with the 3-lane conversion: buffered space for pedestrians” and asked what that meant. Mr. Williams answered that was one of the benefits of dedicated bike lanes. Councilmember Bloom observed the bike lane was the buffer. Mr. Williams said the 5-foot bike lane between the pedestrian walkway and the travel lane provided a safer feeling for pedestrians. Edmonds City Council Draft Minutes April 7, 2015 Page 3 Councilmember Bloom said for those reasons she will vote against the agreement. The City should consider safe bicycle lanes even if they are more expensive, especially near the elementary school. COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE ITEM G. MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. ITEM K: AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH KPG FOR THE CITY-WIDE BICYCLE IMPROVEMENTS PROJECT COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE ITEM K. MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. 5. AUDIENCE COMMENTS Fred Gouge, Port Commissioner, provided an update regarding Harbor Square, noting the Master Plan has been shelved by the Port Commission. There are currently five office buildings in Harbor Square. In the last year, the Port spent nearly $1 million for roofs and new HVAC systems in buildings 1, 2 and 5. These are 20-year improvements since no other improvements will be made to Harbor Square such as housing or mixed use under the current zoning. In 2015 the Port plans to replace the roofs and HVAC on buildings 3 and 4 at a cost of approximately $750,000. Upon learning the expansion of Salish Crossing would require closure of the Channel Marker, the Port negotiated a long term lease with the Channel Marker for nearly 6,000 square feet (the former Las Brisas space) and it will open in the next 5-10 days. The Port also plans to improve the landscaping at Harbor Square. Harbor Square includes approximately 102,000 square feet of office space and is currently about 83% occupied. The remaining spaces in the single story buildings are more difficult to rent. He invited the public to attend Port Commission meetings held at 7:00 p.m. on the second and last Monday of each month John Rubenkonig, Edmonds, Vice Chair, Economic Development Commission, explained at the March 18 meeting, one of the members asked that Council action on the Strategic Action Plan be delayed so that it could be studied further. The Commission overwhelming rejected that idea and would like the Council to move forward with their regularly scheduled review and whatever action the Council wishes to take. Jenny Anttila, Edmonds, commented although Dayton Avenue was one of the worst roads in the City, 2nd Avenue North was chipped last year even though nothing seemed to be wrong with it. She asked when the City planned to address roads where there are holes and make regular repairs. Roger Hertrich, Edmonds, referred to the elimination of language in the Comprehensive Plan regarding air and light, stating providing natural light and air to citizens is an important guiding principle in planning. Tall buildings and too many trees block air and light. He referred to support for increased setbacks for the marsh in an effort to guarantee more natural air and light to prevent buildings being too close. The code used to allow 25 foot buildings with a sloped roof at the corner to provide natural light and air at the corner; today the 30 foot building height limit produces square buildings. He recalled air and light were removed in the Cultural Plan and elsewhere in the Comprehensive Plan. With regard to Westgate, he said the cemetery provides natural air and light and a 4-story building should not be constructed close to that natural park area. He encouraged the Council to consider how often air and light was deleted from the Comprehensive Plan and to consider air and light in its decisions regarding building heights. Dave Page, Edmonds, explained the Steller Sea Lion was added to the endangered species list in 1989. To date, approximately $22 million/year has been spent to protect them. The sea lions go as far north as Edmonds City Council Draft Minutes April 7, 2015 Page 4 the Aleutian Islands, come through Edmonds and in Astoria, Oregon, have taken over the docks. Sea lions have thrived and an estimated 300,000 pass through Edmonds. Approximately 1/3 of them go up the Columbia River to the Bonneville Dam and eat approximately 40% of the salmon, gaining an average of 100 pounds. Most of the sea lions then go the Channel Islands off Santa Barbara to breed. The average Steller Sea Lion eats 35-40 pounds of salmon/day; Orcas eat approximately 300 pounds of salmon/day. When sea lions can’t get salmon, they eat anchovies, sardines, smelt and herring. In the Channel Islands baby sea lions are dying and washing up on the beaches because there is not enough food. He summarized this is a prime example of how sometimes the Endangered Species Act backfires. He recalled efforts to relocate the sea lion Herschel who was eating salmon in the Ballard Locks. As a fisherman, diver, boater and an environmentalist, he emphasized something was going on that needed to be discussed further. 6. MARINA BEACH PARK MASTER PLAN Parks, Recreation and Cultural Services Director Carrie Hite explained Marina Beach is a gem of the City’s park system, highly used and loved by everyone and there be questions why it is being master planned. The Comprehensive Plan and Parks, Recreation and Open Space (PROS) Plan included a goal to rehab the marsh and daylight Willow Creek. To that end, the City’s Stormwater Engineer Jerry Shuster, Keely O’Connell, Earth Corps, and Dave Cline, Shannon & Wilson have been considering the feasibility of daylighting Willow Creek through the marsh. The team has completed a 30% design process and has received several grants for the project. The team is in the middle of a 60% design process on daylighting Willow Creek. To complete that detailed design, a determination needs to be made regarding where Willow Creek will cross Marina Beach Park. Ms. Hite explained the culvert under the railroad tracks for Willow Creek directs the alignment. From the hydrological and tidal influence studies the team did, Best Available Science (BAS) alignments were created, Options/Alignments A and B. The City hired Chris Jones, Walker|Macy, who began with Alignments A and B. A Project Advisory Committee was created and has been guiding her and Mr. Jones through the process of master planning the park. Outreach has included two days of stakeholder meetings, an open house that was attended by 50 citizens, an online open house that was very successful in obtaining input from people unable to attend the open house, and a presentation regarding the alignments to the Planning Board last week. Preliminary input has been although Option A and B are BAS, people wanted to see an Option C. The City worked with Mr. Cline and Mr. Jones to prepare an Option C which was presented to the Planning Board last week. The alignments that will be presented include 100-foot buffers which are the worst case scenario. Efforts are underway to check with future anticipated funders of the project with regard to buffers for salmon-bearing creeks. The City’s Critical Areas Ordinance (CAO) includes 100 buffers but allows buffer reduction/averaging which could reduce the buffers. She noted passive recreation can occur in a buffer such as trails, meanderings and environmental education. Chris Jones, Walker|Macy, explained Walker|Macy was hired last year to reconfigure Marina Beach in the way the community sees fit and accommodate the daylighting of Willow Creek. This is a 2 phase project, 1) information gathering and public outreach, and 2) developing design alternatives. He displayed a list of stakeholders, explaining in February he and Ms. Hite interviewed a significant number of community members and people with a stake in the park. He highlighted input from Kojo Fordjour, WSDOT/WSF, who advised there currently is no funding or plans for Edmonds Crossing to move forward; and Walter Smith, BNSF, who said there currently is no funding or plans for a third rail line that will impact Marina Beach Park. Approximately 50 people attended the first open house on March 4, 2015; the attendees were broken into groups and asked to provide input on the alignment of Willow Creek, their preference regarding the alignment, current conditions at the park that work and do not work, and moving program elements. Edmonds City Council Draft Minutes April 7, 2015 Page 5 Mr. Jones displayed several pictures of the park, explaining the input provided indicated Marina Beach is a beloved community resource for active and passive recreation, views, storm watching, ferries, the dog park, and the adjacency and experience of Puget Sound. Many of the existing amenities are well used during different times of the day such as picnic areas, playground, volleyball, the dog park as well as windsurfers, wakeboards and other watercraft. The public had concerns with restrooms and many requested brick and mortar restrooms instead of the existing porta potties. There were also many comments regarding parking, both parking in Marina Beach and the Port’s overflow property. With that information Walker|Macy prepared two site diagrams. He displayed a context diagram, explaining external forces, pedestrian and vehicular ways, and natural resources including Edmonds Marsh were used to inform their decisions. Displaying a site analysis, he explained they considered site specific elements of the park such as parking counts, pedestrian and vehicular circulation and adjacencies to BNSF, the marina, etc. Walker|Macy overlaid Option A and B prepared by Shannon & Wilson on an aerial map of the park to illustrate how Willow Creek will interact with the park and opportunities and constraint. He displayed and reviewed Option A which goes to the south through the dog park. He identified the 100-foot buffers that are required by code, noting they may be allowed to be reduced. He displayed and reviewed Option B which bisects the park, breaking it into a northern and southern portion. This option also potentially impacts parking and circulation as the buffer is close to the parking lot and reduces potential for expanding parking and other active and passive recreational uses in the park. When Options A and B were presented at the open house, there was interest in developing an Option C. He displayed and reviewed Option C developed by Shannon & Wilson which also bisects parks but leaves the dog park in place relatively unchanged and a significant portion of the park remains intact for redevelopment on the north side of the creek. Councilmember Johnson said the agenda memo states a new crossing under the existing BNSF railroad bridge for the creek would be needed for Options A and B. It was her understanding the new crossing was already in place. Mr. Jones agreed it was already in place and would be used. Councilmember Johnson suggested the language in the agenda memo regarding a new crossing was misleading and it should be clarified that the crossing underneath the existing BNSF railroad bridge for the creek already exists. Council President Fraley-Monillas asked what happens to the parking lot between the field and the dog park in all three options. Mr. Jones answered it is impacted in all three schemes. Council President Fraley- Monillas clarified that parking is lost in all three schemes. Mr. Jones agreed. Council President Fraley- Monillas asked where parking would be located. Mr. Jones answered the number of parking stalls that will be necessary for the redeveloped park and the location have not yet been determined. Potential parking configurations will be determined in the next step. Council President Fraley-Monillas asked how the options impacted the parking on the north side. Mr. Jones answered that parking likely will need to be reconfigured in all three alignments. Council President Fraley-Monillas asked if reconfigured meant less parking. Ms. Hite said in all configurations Willow Creek comes out at the southern parking lot. Input indicated the park has the right amount of parking; some did not want additional parking because it would make the beach too crowded and some did not want the parking reduced because it currently is the right amount. Ms. Hite said Walker|Macy envisions a wider, one-way, drive-through north parking lot with a median with rain gardens and buffers that would add all the spaces back. Council President Fraley-Monillas asked if that would eliminate some of the park area. Ms. Hite answered yes, daylighting Willow Creek will require moving things around. Council President Fraley-Monillas asked whether reducing the size of the dog park had been considered. Ms. Hite answered they were looking at everything. Edmonds City Council Draft Minutes April 7, 2015 Page 6 With regard to the outfall, Councilmember Nelson asked which option was best for salmon. Mr. Jones answered Option B. Dave Cline, Shannon & Wilson, answered the engineering, geomorphology and fisheries analysis indicated Option B was better because, 1) it is longer and juvenile salmonids will use that length of shoreline for habitat and 2) in this area the net shoreline drift is south to north and sediment transports along the shore will move into the channel and would preferentially redirect the channel slightly to the north. In a channel that is pointed more south, sediment deposition could be expected to occur in the mouth of the channel and migrate back and forth and require more maintenance. The alignment in Option B is more in line with the natural sediment drift. Councilmember Nelson asked his opinion of Option C. Mr. Cline answered they did not analyze Option C for fish or geomorphology so its benefits are likely in the middle. Option C follows the old Unocal pier location and things may be found when the channel is being excavated. He recommended minimizing that if possible although removal of a creosote pile could be handled engineering-wise. Councilmember Mesaros referred to Slide 15 (Site Analysis), relaying there are 25 parking spaces in the southern lot and 11 spaces in the northern lot, a total of 36 spaces. He observed replacing the southern spaces in the northern lot would more than doubling the north parking lot. Mr. Jones agreed that was a dilemma. Councilmember Buckshnis asked whether Option B was where channel Willow Creek used to be. Keeley O’Connell, Earth Corps, said no, the historic channel was about in the alignment of the southern breakwater of the marina. When the marsh was 100 acres the creek opening was at the front of a large sand spit on the beach (that no longer exists) at the approximate alignment of the southern breakwater. Councilmember Buckshnis asked about the location of the pipe in Marina Beach. Stormwater Engineering Program Manager Jerry Schuster explained when the marina was built in the 1960s, the outlet to Willow Creek was rerouted around the marina. Councilmember Johnson asked about the relationship of Shoreline Master Program (SMP) to the Marina Beach Master Plan. Ms. Hite answered the SMP talks about CAO as well as buffers. The buffers will impact Marina Beach. Recreation pursuits are allowed by the SMP and parks can be developed within the shoreline but buffers need to be considered. Councilmember Buckshnis asked whether structures within the shoreline also have to be considered. Ms. Hite agreed that is related to the buffer requirement. The 100-foot buffers make it difficult to site parking which is considered a structure. The team will do due diligence on the buffers to determine whether buffer reduction or averaging can be used. That is allowed by the City’s SMP and CAO but state and federal requirements must be considered due to potential future funding. Good preliminary discussions have occurred with Department of Ecology regarding the possibility of buffer reduction and averaging which would provide greater flexibility for parking than the existing alignments. Ms. Hite encouraged Councilmembers to email her with any further comments regarding the alignments. Another open house will be held soon and she encouraged the Council and public to attend. Alternative concepts will be presented to the Planning Board and Council in May, followed by public comment in June and July and she hoped to return to Council for adoption in August. 7. DISCUSSION REGARDING ISSUANCE OF 2015 WATER, SEWER, AND STORMWATER UTILITY REVENUE BONDS Public Works Director Phil Williams introduced Alice Ostdiek, Foster Pepper (bond counsel), and Scott Bauer, Dashen & Associates (bond advisor). Mr. Williams explained this is the third biannual issuance of utility revenue bonds. The first was done in 2011 followed by another in 2013. The plan has been to Edmonds City Council Draft Minutes April 7, 2015 Page 7 borrow money every two years to support the capital pipe replacement/rehabilitation program for the water, stormwater and sewer utility. Each utility has its own separate Comprehensive Plan that is adopted as part of the City’s overall Comprehensive Plan every five years. The Water and Stormwater Comprehensive Plans were adopted in 2010. A contract was recently executed with Murray Smith and Associates to update the Water Comprehensive Plan; the Stormwater Comprehensive Plan will be updated in 2016. The Sewer Comprehensive Plan was adopted in 2013. Since 2010 each plan has included a recommendation to immediately begin an ongoing, predictable program to replace old pipe infrastructure. Many of the City’s water and sewer lines are 70-90 years old and need to be replaced. The goal is to replace 1% of the linear footage of the lines every year. He acknowledged it will take a long time to complete at 1%/year and begins to look less like a capital project and more like a very long, expensive maintenance project. The use of debt is very important to the utilities but needs to be done intelligently and thoughtfully. As the Council has expressed in the past, borrowing money every two years to do what amounts to maintenance is not wise and the goal is to wean the City off revenue bond issuances every two years. It is hoped with the Council’s continued support of rate adjustments that sufficient current revenues can be generated for this purpose in a few more years. Scott Bauer, Dashen & Associates, presented the following information: • Bond market o Interest rates hit 40-year lows in early December 2012, and close to the same lows in January 2015 o Rates are generally down from the most recent peak in September 2013 and are relatively low from ahistorical standpoint o Chart: Bond Buyer 20-Bond GO Index 1990 to present • Outstanding Water and Sewer Revenue Bonds o 2011 bond issuance and refinancing outstanding debt o 2013 bonds • Plan of Finance o Provide approximately $14 million in project funds for the water, sewer, and stormwater systems o Fund the reserve account and pay the bond issuance costs o Level debt service o Final maturity:  15 year - All interest cost: 3.16% - Average annual debt service: $1,399K  20 year - All interest cost: 3.60% - Average annual debt service $1,092K (staff recommendation)  25 year - All interest cost: 3.82% - Average annual debt service $952K Councilmember Buckshnis suggested with the basis point bump between 15 and 20, 25 years would be more advisable; she asked why 20 years was chosen. Mr. Williams answered the City has done 20 years in the past, 25 years was selected in 2013 due to the incredibly low rates. He agreed an argument could be made for 25 year bonds; water and sewer lines will last longer than 25 years but with the higher rate of interest for a longer period, the total amount of interest is noticeably higher. The thought was to pick a middle ground to keep the interest reasonably low over time but not a 15 year period where the payments are quite large. Councilmember Buckshnis preferred 25 years because interest rate will not stay this low for a long time and refinancing bonds is costly. Mr. Williams said that same logic could apply to the Edmonds City Council Draft Minutes April 7, 2015 Page 8 amount borrowed; he would prefer to borrow more instead of for a longer period of time. Finance Director Scott James referred to the rate study, pointing out the City is in the second year of a three year rate increase. The goal of the rate increases was to wean the utilities form issuing debt so 25 years is contrary to that goal. He suggested adopting a debt policy that states the Council’s preference regarding the term of debt. He summarized the longer the term, the more interest that is paid. Mr. Bauer agreed interest rates are exceptionally low. There is a lot of benefit debt service-wise between 15 and 20 years, less so from 20 to 25 years. He continued his presentation: • Delegation Authority o Under Washington State law, the City Council can delegate final approval of bond sale to designated individuals  This has been utilized on the City’s prior transactions o This delegated authority allows the bond sale to occur on days other than a board meeting / City Council date o Certain parameters are set in advance in the Ordinance - Maximum issue sizes - Maximum interest rates - Minimum savings - Final maturity o Provides more flexibility in timing bond issue • Schedule of Events o April 21: Council Consideration of Delegation Ordinance o Week of May 18: Rating Visit o June 3: Post Preliminary Official Statement(Marketing Document) o June 10: Competitive Bond Sale o June 24: Bond Closing –Funds Available Mr. Williams recalled when this was discussed at the study session, consideration was being given to combining this biannual borrowing with the smaller one that would occur in two years. He described things that have happened at the Wastewater Treatment Plan including replacement of blowers and replacing the floor in clarifier 3 which was not in the CIP. Although the partners in the WWTP will help fund these projects, there will need to be additional borrowing by the wastewater fund to cover those costs. The next biannual borrowing is $3.5 million and a case could be made to increase the $14 million to $17.5 million but that is not the recommendation tonight. 8. REVIEW AND APPROVAL OF UPDATED STRATEGIC ACTION PLAN AND ADOPTION OF IMPLEMENTATION REPORT Economic Development & Community Services Director Patrick Doherty recalled a presentation by Cynthia Bern, the SAP consultant, and himself regarding the SAP update and Implementation Plan Report. He provided background on the SAP: • SAP is City’s roadmap to the future, containing 88 action items • Strategic Action Plan (SAP) – City’s roadmap to the future, containing 88 action items • Approved by City Council 4/2/13 • Living policy document • Created over 2-year period with surveys, charrettes, focus groups • Approx. 2500 people participated • City Council allocated $40,000 in 2014 budget to provide for an update to the SAP and an implementation plan. • Long Bay Enterprises, Inc., conducted the following scope of services: o Identify lead agents, participants, stakeholders Edmonds City Council Draft Minutes April 7, 2015 Page 9 o Update SAP action items o Meet with SAP Working Group o Prepare final report (presented 3/10/15) He provided an overview of the updates to the Action Items: • Vast majority of the updates were editorial or clerical revisions to the original document to clarify wording, correct inconsistencies, add clarity • List of participants was updated • Acronyms were defined • Per Council comments 3/10/15 – references to BID/Edmonds Downtown Alliance were corrected; acronyms defined, City Council was added as Primary Co-Lead in several places • Eight Action Items saw more “substantive” changes, although no new policy direction is proposed o Action 1a.14 (66a): Development regulations  Deleted as is redundant. The preceding related Action Items 1a.7 through 1a.13 cover this issue in detail for each commercial area of town so a generic action item on the same topic is not required o Action 1e.1 (27): Organization and Promotion – arts and culture:  Action Item 1e.2 is being combined with 1e.1 as they cover the same topic o Action 2a.3 (45c): Stormwater – Resolve Flooding on SR 104 and Dayton  Proposed additional wording clarifies the intent of this Action Item o Action 3a.15 (41b): Senior Center (relocate to another location)  Deleted as no longer reflects City Council policy after recent actions (approval of PROS Plan and approval of intent to renew long-term lease) o Action 4b.1: Maintain Public Works Growth Management Concurrency  Revision simply adds explanatory text where there was none in the original SAP (develop, apply, maintain and implement public works strategies identified in the comprehensive plan) o Action 5a.3 (72): Assess performance results of SAP  Revision clarifies that, in addition to ongoing assessment of City programs, projects and budget, the SAP shall be assessed regularly. o Action 5a.4 (71): Strategic Action Plan Implementation  Revision clarifies that the SAP shall be adopted and implemented o Action 5c.1: Safe and security environment  Revision adds explanatory text where there was none in the original SAP (to reduce crime and enhance public safety and security, improving quality of life for the community) Mr. Doherty relayed the Mayor and staff’s recommendation: • Approval of updated SAP • Adoption of the implement Plan Report (which includes recommendation for implementation and tracking in 2015 and renewed public outreach and more substantive update potentially in 2016) Councilmember Petso referred to two added items regarding police and roads that were not in the SAP survey which is why they did contained insufficient description and no priority ranking. She asked about the balance between basing the SAP on voter priorities from the survey versus “open season, think up something cool that’s not in there and just stick it in.” Mr. Doherty said the two items related to public works providing infrastructure and providing public safety are not new items; they were in the approved SAP but the explanatory language was missing. He assumed because the City has always and will continue to provide public safety and infrastructure, they were a given with regard to implementation. He was unsure why an explanation was not included. Edmonds City Council Draft Minutes April 7, 2015 Page 10 Council President Fraley-Monillas noted Strategic Objective 5c, that appears above Action Item 5c.1 states, Ensure a safe and secure environment for residents, businesses and visitors. Councilmember Petso pointed out there is no rank for Action 5c.1 because it was not in the voter survey. Most of the Action Items have the question number from the voter survey in parenthesis. She asked whether it was time now to add things that voters were not surveyed on. Mr. Doherty reiterated these are not new Action Items, they are in the adopted SAP; only the explanatory language is new. Although he was not on staff last year, he assumed because these were things the City has to do by law, perhaps an opportunity to vote on them was not offered. A ranking is not provided because those activities occur every day. Their inclusion in the SAP is important because they counter pose many of the other items against things the City does every day. With regard to the Economic Development Commission’s (EDC) preference for the Council to move forward, Councilmember Petso said she received an email from a commissioner who repeated the request made at the meeting that the EDC have an opportunity for further review before Council action. She asked whether that opportunity could be provided. Mr. Doherty responded at the March 18 meeting, an absent member requested by proxy that the EDC consider requesting the Council delay the process to allow for greater review of the changes by the EDC. At the meeting the EDC as a whole voted against that request. Today’s email from the commissioner states that person’s personal preference. The EDC SAP subgroup has not met this year so it is not accurate to say that that was their request. There is also a slight difference of opinion regarding what the SAP Work Group’s role is. It was an iterative process between the members and the members agreed their role was not oversight/overview but rather a working group. He summarized the implication that a subgroup of a committee below the Council should have an oversight role is probably inappropriate. Councilmember Petso understood why the recommendation was to adopt the SAP update but asked why the recommendation was to adopt the consultant report and the Implementation Plan. Mr. Doherty said if adopt was too strong, it could be accept, recognizing that it informs staff work. Councilmember Buckshnis relayed Councilmember Johnson and she were at the first meeting of the SAP Working Group when it was determined it was not an oversight group. Clearly the email reflects one commissioner’s opinion. She had no problem with the verbiage that was added to the SAP. Council President Fraley-Monillas recalled public safety and infrastructure was discussed during a charrette and recalled public safety was identified as a priority. She referred to the potential performance measures for Action 5c.1: Safe and secure environment, such as measuring crimes per 1000 population, number of arrests, reportable traffic collisions, etc. She was satisfied with the changes and did not see any purpose for further review by the EDC. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER NELSON, TO APPROVE THE UPDATED STRATEGIC ACTION PLAN AND ACCEPT THE IMPLEMENTATION REPORT AND WORKSHEETS AND CONSIDER STAFF’S RECOMMENDATIONS FOR REVIEWING IT NEXT YEAR. Councilmember Bloom said she has a very different opinion regarding the request by the EDC member who was also a member of the Strategic Action Plan Implementation Group. She read from the commissioner’s email regarding Item 5a.3, project accountability was an outgrowth of Haines Wharf and the public wanted more accountability in reporting on major projects. The original proposed changes remove city projects from this item and left only SAP items subject to accountability. The original public intent and support for this item is clear and how best to implement accountability for all city projects not just SAP items should be considered. Just like Park funding, changes are being made that made it unclear Edmonds City Council Draft Minutes April 7, 2015 Page 11 what is Council’s intent. Councilmember Bloom summarized the commissioner’s points are valid and worth of consideration. Councilmember Bloom recalled a conversation Council President Fraley-Monillas had with the EDC Chair Schindler during the EDC’s annual report that suggested some members felt unheard. She felt this commissioner’s request should be honored, especially since he included specific examples. She expressed concern other EDC members did not want the EDC’s SAP subgroup to review the SAP. Mr. Doherty said the example Councilmember Bloom cited above from the commissioner’s email was the result of the addition of “of SAP” to Action 5a.3. The strategic objective adds monitoring of the SAP to the ongoing annual assessment of other City programs. He responded via email to the commissioner’s specific points and the commissioner replied his concerns were satisfied. When the EDC voted on the request for the SAP subgroup to review the SAP before Council action, commissioners stated they had been involved, had reviewed the Action Items, it was important to them that implementation move forward and they did not see the value in further review by a subgroup. He summarized one commissioner is interested in providing additional comment, but the majority opinion was not to request additional review. Councilmember Bloom referred to page Action 5a.5 (64) NGO participation that identifies Edmonds Downtown Alliance as a non-governmental organization. Since the Council created the BID and the City staffs their meetings and the Finance Department bills BID members, she asked how it was not an NGO. Mr. Doherty explained the BID was already listed as an example and the name was simply changed from BID to Edmonds Downtown Alliance. He asked the City Attorney whether the BID should be considered an NGO. Mr. Taraday said the BID is not a separate legal entity; it is a creature of the City similar to the Planning Board or EDC, therefore there is no reason to call it out distinctly and is not a NGO. COUNCILMEMBER BLOOM, SECONDED BY COUNCILMEMBER BUCKSHNIS, MOVED TO AMEND THE STRATEGIC ACTION PLAN TO REMOVE EDMONDS DOWNTOWN ALLIANCE FROM THE STRATEGIC OBJECTIVE UNDER ACTION 5A.5. AMENDMENT CARRIED UNANIMOUSLY. Councilmember Johnson, a member of the SAP Working Group, said the working group was part of a process to update and implement the SAP. She pointed out the SAP is not a legal document; it is a living planning document that is subject to change and update as the City Council sees fit. Councilmember Bloom understood Mr. Doherty had had an email exchange with the EDC member who had questions. She was inclined to abstain from the vote because she was not certain all his concerns had been addressed to his satisfaction. Mr. Doherty clarified the member’s substantive concerns regarding wording were address, his concern regarding having another opportunity for review was not satisfied. COUNCILMEMBER BLOOM MOVED TO REFER THE UPDATED STRATEGIC ACTION PLAN TO THE ECONOMIC DEVELOPMENT COMMISSION’S STRATEGIC ACTION PLAN COMMITTEE FOR REVIEW PROVIDED THAT THE COMMITTEE’S MEETING IS CONSISTENT WITH THE REQUIREMENTS OF THE OPEN PUBLIC MEETINGS ACT. Following a brief recess to allow Mr. Taraday to research whether a motion to refer was in order, Mayor Earling ruled the motion made by Councilmember Bloom was in order. COUNCILMEMBER PETSO SECONDED THE MOTION. MOTION FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE MOTION TO INCLUDE IN THE WORK LIST A DISCUSSION AT THE ECONOMIC DEVELOPMENT COMMISSION AND SUBCOMMITTEE LEVEL IN 2015. Edmonds City Council Draft Minutes April 7, 2015 Page 12 Council President Fraley-Monillas asked for clarification of Councilmember Petso’s intent, whether it was to bring the SAP back to the EDC at some point in 2015. Councilmember Petso responded the intent of her motion was to achieve what certain individuals wanted to achieve which was to allow the EDC an opportunity to review the changes that the Council is considering tonight. She also intended for that to occur quickly so that if the EDC was displeased with any of the changes, their concerns could be addressed. MOTION FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES. MAIN MOTION AS AMENDED CARRIED (5-0-2), COUNCILMEMBERS PETSO AND BLOOM ABSTAINING. Mayor Earling declared a brief recess. 9. WESTGATE SUBAREA: (1) BUILDING TYPES/AREAS; (2) POTENTIAL ACTION ON PROPOSED WESTGATE ZONING ORDINANCE Development Services Director Shane Hope referred to items contained in tonight’s packet that were not in the last packet, such as the draft ordinance compared to the Planning Board’s recommendation and the proposed ordinance (Attachment 10). Planning Manager Rob Chave introduced the Westgate Zoning proposal: • City Council has had 16 public meetings with 2 public hearings o Planning Board had 11 meetings with 3 public hearings • Results of the SR‐104 corridor study for Westgate were presented to Council on March 10, 2015. • Last Council discussion was on March 24, 2014. • Tonight’s agenda item is intended for: o Review of the draft Westgate ordinance o Possible action – with amendments – on final ordinance He reviewed proposal features: • No expansion of the existing commercial area • “Hybrid zone” mixture of traditional regulations (uses, setbacks, design) and form‐based elements not regulated in standard zones (requirements for amenities and open space, building types and locations) • Specific regulations with built‐in flexibility on how to achieve desired results • Mix of building heights dependent on location and topography, 2 to 4 stories maximum • Amenity space (15% min) and open space (another 15% min) • “Green Factor” landscape system • Additional protection for surrounding slopes and trees/vegetation He described building types and locations • Building heights controlled according to location, based on adjacent impacts • Building types provide definition and flexibility o Uncertain development timeframe o Uncertain market conditions • Building types define relationship to adjoining space (particularly public spaces) Mr. Chave displayed a diagram of Westgate that identified protected slope areas, the 30-foot stepback from the edge of the right-of-way of any 3rd or 4th floor development at the intersection of SR-104 and 100th, parcels eligible for 3 stories, parcels limited to 2 stories and parcels eligible for potential 4th story height bonus. Edmonds City Council Draft Minutes April 7, 2015 Page 13 He displayed diagrams identifying where various building types are allowed – the original Planning Board recommendation and the updated proposal. The biggest change between the Planning Board’s original proposal and the update is the location of commercial mixed use. Commercial mixed use is allowed everywhere in response to a concern expressed during the Council’s initial review regarding the location of residential only buildings and the desire to allow commercial development within the entire Westgate area. It is unknown how market conditions, ownership patterns may change in the future. Westgate is a fully developed area and although wholesale change is unlikely to occur, change may occur over time. Providing more flexibility in building types provides a framework for change but does not preclude existing uses from continuing or potentially expanding. Mr. Chave identified building types: • Primarily residential types o Rowhouse o Courtyard o Stacked dwellings o Live/work • Primarily commercial o Side court mixed use o Commercial mixed use o Loft mixed use He displayed photographs of a variety of building/uses and how buildings create spaces. He explained the current draft code is the same as November 2013 draft with changes reflecting recommendations from the SR‐104 study: • No additional travel lanes needed along SR‐104 and 100th Ave. W • Recommended minimum setbacks o 15’ at the intersection o 12’ away from the intersection • Parking Standards: Minimum 1 stall per 500 commercial square feet is reasonable, plus residential parking. Can be refined over time. • Access management with new development. o Figure 18: Westgate Access Management Master Plan He displayed diagrams of the standard building setback for a 12-foot setback away from the intersection (total of 22 feet from the curb) a 15-foot setback at the intersection (total of 25 feet from the curb). He commented on the extensive interactive review: • While keeping with the original vision for Westgate, changes and adjustments have been made to the original UW ideas during the Planning Board and Council review, and in response to public comments. o Quadrant‐based approach. o Hybrid code combining traditional zoning with form (relationship to public spaces) and building design standards. o Range of building heights with slope protection. o Setbacks increased from original 8‐foot proposal. o Westgate “entry” design focus. He identified next steps 1. Council discussion and consensus changes 2. Council action on proposed ordinance (Attachment 10) to: • Adopt ordinance as is, or Edmonds City Council Draft Minutes April 7, 2015 Page 14 • Adopt with amendments, or • Vote to make no code amendment. Mayor Earling said questions would be rotated through the Council with one question per Councilmember. Councilmember Bloom relayed her understanding that the rationale for allowing commercial mixed-use on all parcels was because the Council did not want to limit commercial use and to allow developers to do commercial use anywhere in the entire Westgate mixed use zone. Mr. Chave said the intent was to recognize that that is what Westgate is now. The concern with specifying residential for some locations was making some buildings non-conforming. One of the significant reasons for allowing commercial everywhere was it did not force a change until the properties were ready. Councilmember Bloom said her concern with that approach was there was only one type of residential only use, rowhouse, all the others allow commercial in the structure. She urged caution with regard to where residential is located in the Westgate in an effort to provide environments where people want to live. She asserted a lot people, even if they want to live in an apartment or condo, want some sense of privacy or distance from a commercial area. She did not want to allow commercial mixed use on the entire quadrant because that is probably what will end up happening. Mr. Chave agreed rowhouse was the only building type that was exclusively residential. Courtyard and stacked dwelling can be exclusive residential but there can be commercial on the ground floor. Councilmember Bloom referred to the purposes section where it states, Encourage the development of a variety of housing choices available to residents of all economic and age segments. She asked how that was accomplished with these building types. Mr. Chave answered it was the distinction between allowing versus forcing. He said he was not smart enough to determine property by property what uses should be allowed on each property. The market and trends in general will inform/define how that occurs. That degree of specific may make sense in a master planned community where there is a single property owner. In Westgate there are multiple ownerships and many different building configurations/ages; he did not know exactly how it will develop over time. The intent was to provide the maximum number of options within an overall framework such as the amenity space, open space, green factor, etc. regardless of building configuration but was reticent to specify the building type. Councilmember Bloom said she was not smart enough to do that either but was confident the community was smart enough to determine the best place and where they would be likely to live and to encourage family/friends to live. This plan will allow the developer to maximize their profit and the result could be commercial mixed use over the entire Westgate area because it is allowed. That could be the result in 20- 30 years if the specific locations are not identified based on what the community wants. Councilmember Johnson relayed the Council initially heard the community did not like the Compass building because it was too close to the road and it was too tall. She asked Mr. Chave to compare the Compass development to the proposed development in the QFC quadrant. Mr. Chave said he has heard a much more mixed reaction to the Compass building. He asked which Compass building Councilmember Johnson was referring to, the 4 story or the 3 story. Councilmember Johnson clarified it was the 4-story building. Mr. Chave answered that building is quite different, it does not resemble the standards for Westgate. For example, the Compass building has no amenity space, open space, and had a minimum 4- foot setback although it ended up with a 5-foot setback. There were no design standards for the Compass building; the Westgate Plan includes several pages of design standards with regard to vertical and horizontal differentiation and making the building look like a separate building every 60 feet. He summarized it was an apples and oranges comparison. In addition, Westgate requires the 4th floor be stepped back 10 feet. Edmonds City Council Draft Minutes April 7, 2015 Page 15 Councilmember Johnson observed Compass was the most current example of 4-story building in the corridor. She summarized the 4-story Compass building had a 5-foot setback and the proposal for Westgate is 12-15 feet. Chave said the setback for the QFC quadrant is primarily 15 feet. Councilmember Johnson asked the total height of the 4-story Compass building. Mr. Chave answered it was 40-45 feet; 45 feet was the maximum allowed. Councilmember Johnson asked the maximum building height at the QFC corner. Mr. Chave answered 45 feet. Councilmember Petso observed proposed amendment #13 regarding the 30-foot circle was now not necessary because that is how the code already reads. Mr. Chave agreed. Councilmember Petso suspected she may be partially to blame with regard to building types; she no longer suggests going back to the original version because one of properties that did not have a commercial type designation, formerly Blockbuster Video, has historically been used for commercial activity. That prompted her initial concern about messing with areas that had already demonstrated they were commercially viable and valuable. The problem with the proposed solution is there is no distinction between an ordinary commercial building and a mixed use commercial. She suggested creating an eighth building type, commercial only, to make that distinction and concentrate that eighth building type at the commercial intersection and move residential away from the intersection. That would eliminate the current potential for standard Puget Sound mixed use on every single property in the Westgate area which everyone can agree is not the intent. Mr. Chave said straight commercial was likely one story. Councilmember Petso said some office buildings are two stories and she has seen some 2-story Fred Meyers. She envisioned designating the commercial only building type for a small number of lots near the intersection. Mr. Chave answered the problem with commercial only was it probably would not be built unless it was in the existing building. Councilmember Petso relayed her understanding of Mr. Chave’s comment that new development in the Westgate area is only feasible if residential is allowed. Mr. Chave answered if the desire was more than one story, it needed to be either residential or mixed use buildings; historically commercial only is one story. Councilmember Petso asked if there was anything wrong with the parcels at the corner being only one story. Mr. Chave answered it was counter to the overall concept. The point of mixed use is a vibrant local community with people who live there, shop, enjoy the amenities, etc. If mixed use is abandoned, the result is likely a traditional shopping center layout such as exists there now. Councilmember Petso observed there were two types of traditional shopping layout, using Lynnwood as an example, there is the older form on the northwest corner of 196th/99 – landscaping, parking lot, building – and the newer form on the southwest side – commercial building at the sidewalk with parking behind. She asked if the goal was only multi-floor and including residential. Mr. Chave said mixed use is not required, it is allowed and it happens when the market is ready. If one story commercial is what the property owner/developer wants to do or to expand existing buildings that is allowed. Councilmember Petso observed with an eighth building type, commercial only, the parcels at the intersection could be designated commercial only. Mr. Chave said another building type was not necessary because commercial mixed use allows what Councilmember Petso is proposing. The only reason for another type of commercial building would be if the goal was to restrict multi-story mixed use from happening at all. Councilmember Petso agreed, noting those are commercially viable parcels and would not allow residential at the intersection. Mr. Chave summarized that was a very different concept. Councilmember Buckshnis observed Chapter 16 contains the code changes to implement the Westgate Study and Chapter 22 contains the design standards. Mr. Chave agreed, Chapter 16 is the traditional zoning set up; the design standards and open space, etc. is in Chapter 22. Councilmember Buckshnis concluded staff did a great job on the plan, implementing the SR-104 recommendations as well as several of Councilmember Petso’s amendments. Edmonds City Council Draft Minutes April 7, 2015 Page 16 Council President Fraley-Monillas referred to the slide with the 15-foot setbacks at the intersection, observing that is the recommendation of the SR-104 study for the area around the intersection. She asked where the 15 feet starts from. Mr. Chave answered the edge of property line which is the edge of the right-of-way and it moves away from the road. Councilmember Mesaros relayed he received a number of positive and negative emails. Some of the negative emails referred to a limited number of opportunities for public input. He asked the numbers of opportunities citizens had to provide input since the beginning. Mr. Chave explained at the end of 2010 and into 2011, the University of Washington classes that worked on the plan invited the community to open houses and design charrettes via mailing sent to residents within 500 feet of the Westgate area and ads in the newspaper. Approximately 40 – 80 people participated. The Planning Board had a number of meetings over two years, including three separate, noticed public hearings. Different groups of people came to the public hearings with different sets of issues. The Council has had numerous meetings over a long period of time. The EDC had numerous presentations and meetings to review the plan and forwarded a recommendation to Council who then forwarded the plan to the Planning Board. There was an informal process initially such as community outreach with UW and the EDC, followed by more formalized meetings at the Planning Board and City Council. He summarized there have been many different methods and ways to participate and a great deal of material is also available on the City’s website. Councilmember Bloom referred to the consultant’s recommendation of 1 space per 500 square feet of commercial and asked the amount of parking required for residential. Mr. Chave said the SR-104 Study only included a recommendation for commercial parking. The residential standard in the City’s code is 1.2 parking spaces per unit up to 900 square feet and 1.75 parking spaces per unit above 900 square feet. Councilmember Bloom asked what the consultant’s recommendation for 1:500 for commercial parking was based on; observing in Councilmember Petso’s emails with the consultant it appeared to be random. Ms. Hope answered they looked at a lot of different cities, focusing on cities with downtown commercial or mixed use. The initial list included 12-15 cities such as Redmond, Bothell, Everett, Kent and others. Every city is unique and none are exactly like Edmonds. Most recently the consultant did a utilization survey of 3 quadrants on SR-104 & 100th to identify the utilization rate in ½ hour increments. Councilmember asked why the utilization study was not done until after the consultant presented their recommendation. Ms. Hope responded the consultant looked at the parking study as a different creature originally, what other cities are doing and how that compares rather than a utilization study. The consultant was then asked to do a utilization study; she acknowledged utilization rates vary depending on the time of day, there is a bigger rush during the 4:30- 5:30 period but overall there is quite a lot of capacity. Councilmember Bloom observed one quadrant had an 85% parking space occupancy rate; the study was done mid-week although during high usage time of 3:00 – 7:00 p.m. When she visits QFC or PCC on the weekends, the parking is even busier. She asked why the consultant did not also do a weekend study. Ms. Hope answered the consultant was asked to pick a day. Councilmember Bloom asked whether the consultant projected the capacity based on their recommendation of 1:500 square feet of commercial space; the current capacity is 1:350. Ms. Hope answered the consultant did not do a projection. The actually parking rates in Westgate are between 1:350 and 1:450; a good part of the time there is only a 50% occupancy rate. Councilmember Nelson sked whether it was correct that of the four quadrants, the southwest quadrant, Bartell, was the only one being considered for short term development. Mr. Chave answered Bartell has been the most engaged and has expressed interest but he did not know about the others. Mayor Earling pointed out Bartell does not own the entire quadrant. Edmonds City Council Draft Minutes April 7, 2015 Page 17 Councilmember Petso referred to 12-foot setback diagram that shows an 80-foot right-of-way. Although the typical right-of-way is 80 feet, according to information in the packet the right-of-way is measured at 77.5, 69.5, 74.5 and even 67.5 feet. Using a 67.5 right-of-way, with a 12-foot setback the buildings are 2.5 feet from the sidewalk. Mr. Williams agreed there are some odd looking things on the GIS map that do not appear to currently be in City ownership. When a specific development proposal is submitted, the expectation would be to clean that up and have the property dedicated to the City. He noted in every case public improvements will also reside in part on private property. One of the solutions would be if a survey determines the right-of-way is slightly less than 80 feet, more of the public improvements would reside on private property. That would be addressed at the time a specific development proposal is reviewed. Councilmember Petso said her concern was not the amount of improvements on private property but because if the setback is measured from the right-of-way line and if it is not 80 feet, the building is not the specified distance from the right-of-way. Mr. Williams explained if the Official Street Map states the right-of-way is 80-feet wide, that cross section would be built including the planter strips, sidewalks, etc. and the 80 feet of right-of-way will need to be in place before the proposal proceeds. Councilmember Petso said if the desire was to have the building more than 2.5 feet from the sidewalk, a larger setback would be needed. Mr. Williams answered the setback would be measured from the right-of-way as modified upon submittal of a specific proposal. If there was an apparent failure in the past to dedicate parcels, that would be cleaned up so that the right-of-way was where it needed to be to support all the street infrastructure and comply with the Official Street Map as well as provide the public streetscape improvements outlined on the drawing. Councilmember Petso said that sounds inconsistent with the building being 12-feet from the sidewalk, recalling an earlier statement that some of the improvements will be on private property. Mr. Williams answered the setback is 12 feet from the right-of-way line. If the survey suggests there is not 30 feet of right-of-way, the right-of-way line will have to move and the developer proposing the project will have to give the City property to provide a full 80 feet of right-of-way which would then provide a new right-of- way line from which to measure the 12-foot setback. Mr. Chave displayed an aerial map, noting there are a couple of jogs on 100th where for whatever reason in the past a dedication for right-of-way may not have been done. In a typical development process, all that is sorted out when an application is submitted. Once the dedications are cleaned up, right-of-way reestablished, then the setback is applied. The setback is not applied where the right-of-way currently exists; it is applied once all the negotiations and dedications have been cleaned up. Councilmember Petso understood there were places where the right-of- way jogged but there were also places without jogs that were measured for example at 69.5 feet. She asked whether those property lines would also be rectified. Mr. Chave answered if the right-of-way on the Official Street Map is 80 feet that will be rectified during the development process. Mr. Williams assumed Councilmember Petso was referring to places on 100th where the right-of-way is 69.5 feet, pointing out the right-of-way narrows away from the intersection on 100th. His explanation was in regard to the right-of-way width on SR-104. Councilmember Petso relayed her understanding for any area that has a setback of less than 80 feet, if she does not want the building to be closer than the illustrated 9 feet, the City will need to acquire a full 80-foot right-of-way. Mr. Williams answered yes on SR-104 and the initial part of 100th; the right-of-way narrows away from the intersection. Councilmember Petso observed away from the intersection the building will be closer to the street. Mr. Williams answered no, the street section will change north and south and the necessary property will be dedicated to achieve the cross-section. The setback will then be measured from whatever property line is established at that point. He clarified that would all be resolved when plans are submitted, a survey done, and a determination made regarding the demands of the zone with regard to public improvements and the street section considered. In response to Councilmember Nelson’s earlier question, Councilmember Buckshnis relayed the manager at PCC indicated they have a 30-year fixed lease and have invested $10 million in the building so they are Edmonds City Council Draft Minutes April 7, 2015 Page 18 not going anywhere. A new Starbucks is locating in front of Walgreens and she did not anticipate Walgreens would change anytime soon. She has only heard that Bartell is interested. She had no more questions and was ready to vote. Councilmember Mesaros said he had no more questions and was ready to vote. Councilmember Bloom referred to an email she received from a citizen who is involved in these issues and does extensive research. She questioned Mr. Williams’ statement that the City would get that property, and asked whether it was a legislative rather than administrative authority to obtain property through dedication, a taking, imminent domain, etc. City Attorney Jeff Taraday answered a condemnation proceeding would require City Council adoption of an ordinance, but that was not what Mr. Williams was suggesting. Mr. Williams’ suggestion was as a condition of development approval there would be dedication of additional right-of-way to conform the right-of-way to what is set forth in the Official Street Map. Councilmember Bloom asked whether that was a taking of property and could staff could initiate it. Mr. Taraday answered staff regularly conditions development approval on dedication of right-of-way such as in a short plat, and it is commonly done without any City Council involvement. He acknowledged in extreme cases a property owner can contest the validity of the condition but it is usually not challenged and property is dedicated as conditioned by the City. Councilmember Bloom asked how that differed from what happened at Five Corners where a property owner wanted a delay for negotiations and the City initiated imminent domain proceedings. Mr. Taraday answered Five Corners was a Public Works capital project that required additional right-of-way and it could not be constructed until the additional right-of-way was acquired. In order to build the project according to the goal timeline, a condemnation action was required to acquire right-of-way the City did not own. Mr. Williams said this is also different because someone else is initiating the action to develop property which provides the opportunity for a conversation and to insist on a design that meets the City’s standards before the development can be approved. In adopting the Westgate Plan, the Council is giving staff direction that that is what they want to see and staff will make every effort to make that happen. Mr. Taraday said even in the absence of dedication of additional right-of-way, the City is authorized to require developers to setback from future right-of-way lines even if they are not current right-of-way lines. Councilmember Bloom said in case of Westgate, would the City be required to pay for the property or is it assumed the property owner will dedicate it to the City. Mr. Taraday provided an example, assuming there was a problem with requiring a dedication, the developer was resisting or threaten litigation, it would not necessarily change the setback issue at all because the City can require a developer to setback from a future right-of-way line just by identifying the future right-of-way lines on the Official Street Map even if the City does not currently own the right-of-way line. Councilmember Johnson recalled previous discussion regarding drive-throughs in Westgate; there are currently six, soon to be seven one-story businesses with drive-throughs. She recognized a drive-through was a conditional use. She asked whether drive-throughs were consistent with proposal for two, three, and four story buildings and non-auto orientation. Mr. Chave said hopefully drive-throughs would start to disappear in the future. Staff was hesitant to rule them out now because it would make a number of businesses nonconforming. He felt it was unlikely there would be more drive-throughs if the Westgate Plan was approved due to the pedestrian requirements, amenities, etc. The developer would need to show as part of the conditional approval that they are not negatively impacting pedestrian circulation, connection between building, etc. An amendment with regard to drive-throughs could be considered in a few years. If the City can claim a “fantasy” 80-foot right-of-way for improvements on 100th, Councilmember Petso asked whether an additional 10 feet can be added for bike lanes. Mr. Taraday said he was talking about the adopted Official Street Map. Cities are authorized to plan for future right-of-way; if the city has Edmonds City Council Draft Minutes April 7, 2015 Page 19 identified a location where they would like a street someday on an adopted Official Street Map, even if acquisition of the right-of-way for the street is 10-15 years away, the city can prevent someone from building a house in that right-of-way or require development to setback from the future street. Councilmember Petso relayed her understanding that if the City formally planned and adjusted the Official Street Map, 10 feet could be added for 5 foot bike lanes on each side. Mr. Taraday answered yes, the City plan for a 90-foot right-of-way instead of an 80-foot right-of-way. Main Motion #1 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER PETSO, THAT THE WESTGATE MIXED USE ZONE BE REVIEWED QUADRANT BY QUADRANT STARTING WITH THE SOUTHWEST QUADRANT, THE LOCATION OF BARTELL. Councilmember Bloom recalled Mr. Chave saying Bartell was ready to proceed with developing and it that it had also been indicated QFC and PCC have leases and there was no indication they would redevelop. Given the number of concerns, questions and amendments, the City would be well served by considering Westgate quadrant by quadrant and looking at what the community wants. She suggested holding a public hearing on each quadrant before adopting a plan for that quadrant. Councilmember Buckshnis observed if the Council approved this plan for the entirety of Westgate and didn’t like what Bartell was doing, it could be amended in the future. Mr. Chave answered yes, it would need to follow the required procedure such as Planning Board review, etc. Councilmember Petso observed if the Council adopted the Westgate Plan and several development applications were submitted, the plan could not be changed relative to applications that had already vested and/or been constructed. Mr. Chave agreed projects that were vested could proceed under the existing rules. Any changes would apply to future development. Councilmember Petso commented that was precisely what happened with the Compass building; it vested and was built and changes were made to zoning so that did not occur again. Mr. Chave answered the Compass building had been built when changes were made to the code. Action on Main Motion #1 MOTION FAILED (2-5), COUNCILMEMBERS PETSO AND BLOOM VOTING YES. Motion to Extend and Action COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND MEETING TO 10:25 P.M. MOTION CARRIED (5-2), COUNCILMEMBERS BLOOM AND JOHNSON VOTING NO. Councilmember Petso commented the parking number can help drive what type of businesses can/cannot locate in Westgate. For example under the current code the parking ratio of 1:500 is only used for businesses like service stations and car dealers; more retail oriented businesses have a parking ratio of 1:300. In researching other cities, businesses such as shoe repair shop or a furniture store have a parking ratio of 1:500. If all the buildings are constructed and everyone builds to the minimum parking of 1:500, she asked whether the result would be like Arbor Village in Mountlake Terrace where 7 of the 8 commercial spaces are vacant 18 months after completion. She asked whether the City would get developers building to the minimum parking standard rather than the commercial vibrant area that is desired. Mr. Chave answered parking does not drive commerce, commerce drives parking. Businesses know their parking needs and that typically determines how much parking is provided which is the idea behind minimums. In mixed use developments with a mixture of uses have different peaks, resulting in an ebb and flow of parking need. Councilmember Petso commented that approach assumes the person constructing the building is the business owner. If it is assumed the business drives building design and parking allowances, it should be Edmonds City Council Draft Minutes April 7, 2015 Page 20 hoped the building is constructed by a company that wants to locate there and not the standard mixed use developer. Mr. Chave disagreed, developers have to be attuned to their potential tenants, the type of businesses they are marketing to and trying to attract. That is part of the proforma that is developed for the financial institution. Councilmember Petso questioned whether that was true or was residential so profitable that the commercial serves as a podium to hold up the valuable residential. Mr. Chave answered not in Westgate. Councilmember Petso said she has seen commercial holding up residential in many areas including the building in Mountlake Terrace. Mr. Chave said some developments are geared toward the commercial element. He referred to South Lake Union, pointing out the synergy between residential and commercial. Councilmember Petso said Edmonds does not have the synergy that South Lake Union is experiencing. Councilmember Petso referred to the EDC’s white paper that stated the Westgate Plan was targeting a lifestyle mall. The nearest comparison to that is the Mill Creek Town Center project whose parking is 1:250 which she assumed recognized that restaurants and high end retail require parking. She asked why this proposal was so different from that. Mr. Chave answered there are many different parking standards. In the Fehr & Peers utilization study, occupancy was quite high immediately in front of grocery stores and much lower away from the front. Ms. Hope commented one of the differences is Mill Creek is not a mixed use district so more people drive there. Councilmember Petso referred to the market and feasibility study done for Westgate at the beginning of the process that demonstrated Westgate is a drive-to destination and that any residential added to the area is irrelevant because the businesses pull a regional audience. Mr. Chave answered Westgate serves a dual propose; the information Fehr & Peers provided indicates Westgate has a very high walkability score. Councilmember Petso commented the fact that Westgate is walkable does not change where the volume of business comes from. Councilmember Petso recalled asking staff for cities that use the 1:500 standard; 4 were listed including Mountlake Terrace and Kent. She found a Kent ordinance that states they chose in their future light rail station area 1:100 for restaurants and 1:200 for banks or retail or supermarkets. Kent only chose 1:500 for furniture or shoe repair. Ms. Hope said Fehr & Peers initially considered Kent but found they were not the best comparable. Councilmember Petso suggested if she discounted Mountlake Terrace because it does not produce commercially viable properties and Kent because it was not really 1:500, were there any examples of 1:500 where she would see something other than vacant commercial propping up vacant commercial. Ms. Hope referred to Bothell, Redmond and Everett, noted some of the standards are new and evolving. Councilmember Petso suggested this may be an issue where the City does not want to be on the cutting edge. Councilmember Petso referred to the Regional Transit Oriented Development forum that she attended by phone where someone observed these building types were largely vacant. She suggested not going there until someone demonstrates it is commercially viable. Ms. Hope explained vacancy in most cases is not caused by parking; it can be for other reasons. Councilmember Petso asked the reason for the vacant commercial space in the building in Mountlake Terrace. Ms. Hope answered that was a new building and there was not much around it. One of the problems is the corner space in the building, intended to be the premier space and designed for a restaurant, the developer did not install the grease interceptor. That is very expensive and restaurants who have expressed interest in locating there are not willing to install it. Another one-story building in Mountlake Terrace with surface parking located a block away was redeveloped/renovated after being vacant for seven years. Councilmember Petso asked if that was the strip mall type building where the pie company located. Ms. Hope answered yes. Councilmember Petso asked whether the Arbor Village building had parking. Ms. Hope advised it has 2 stories of understructure parking; the required parking was 1:500 but she did not know if any extra had been provided. Edmonds City Council Draft Minutes April 7, 2015 Page 21 Main Motion #2 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO ADOPT ORDINANCE NO. 3993, WHICH INCLUDES THE RECOMMENDATIONS FROM THE SR-104 STUDY. Amendment #1 and Action COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND FIGURE 22.110.010.B, ENTITLED BIG BUILDING HEIGHT LIMITS AND STEPBACK REQUIREMENTS, BY REDUCING THE MAXIMUM BUILDING HEIGHT TO 3 STORIES IN THE NORTHWEST QUADRANT LOCATED NORTH OF SR-104/EDMONDS WAY WEST OF 100TH AVENUE WEST AND SOUTH OF THE EDMONDS CEMETERY IN THE WESTGATE AREA. MOTION CARRIED UNANIMOUSLY. Amendment #2 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE MOTION TO INCREASE THE SETBACKS TO 16 FEET. Council President Fraley-Monillas asked Mr. Chave to illustrate 16-foot setbacks. Mr. Chave displayed the diagram of 15-foot setbacks, noting the amendment would add 1 foot in the intersection area but would increase the setback from 12 feet to 16 feet outside that area. Council President Fraley-Monillas asked why Councilmember Petso proposed adding one foot. Councilmember Petso said her intent was something that would allow for bike lanes on 100th without the need for a road diet. There may be a different and better way such as adopting a 90-foot right-of-way instead. Mr. Williams observed analysis is being done on a 3-lane option on 100th with bike lanes to allow bikes to safely cross SR-104. Mr. Chave said if the intent was to change the overall configuration of the right-of-way, amending the Official Street Map would make the most sense rather than fussing with setbacks in the zoning code although that is a fairly length process. Councilmember Petso commented the original traffic study done in 2012 concluded a road diet could not exist for very long because it would cause the intersection to drop to LOS F. She asked whether there was a flaw in that study. Mr. Williams answered a road diet would work well work at the current road volumes, retaining the LOS at D. If assumed growth in traffic volume over time, traffic from the future Pt. Wells development, and development of Westgate in its most intensive form were added to existing volumes in 2035, the LOS on 100th would deteriorate. The benefit of a road diet is dedicated bike lanes through the intersection which is safer for bicycles as well as pedestrian due to the additional buffer as well as being safer for vehicles. There are far fewer accidents in a 3 lane road section. He acknowledged a road diet could result in delays in the out years if the predictions are correct. If the road diet was installed now and it was not working in 2035, it could be changed to a sharrow through the intersection. He summarized the goal was to establish bike lanes on 100th. Councilmember Petso commented it appeared staff was trying to establish bike lanes at the expense of LOS; she preferred to establish bike lanes via a wider right-of-way. Mr. Williams said the 80-foot right- of-way is on SR-140, there is an area on 100th where the right-of-way is also 80 feet but it quickly reduces to 70 feet. Motion to Extend and Action COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, EXTEND THE MEETING UNTIL 11:00 P.M. MOTION CARRIED (4-3) COUNCILMEMBERS JOHNSON, PETSO, AND BLOOM VOTING NO. For Council President Fraley-Monillas, Mr. Chave advised the consultant proposed a 12-foot setback outside the intersection and a 15-foot setback within 40 feet of the intersection. Edmonds City Council Draft Minutes April 7, 2015 Page 22 Call for the Question and Action COUNCILMEMBER BUCKSHNIS CALLED FOR THE QUESTION, SECONDED BY COUNCILMEMBER MESAROS. CALL FOR THE QUESTION CARRIED (5-2), COUNCILMEMBERS PETSO AND BLOOM VOTING NO. Action on Amendment #2 UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS BLOOM, JOHNSON AND PETSO VOTING YES; AND COUNCILMEMBERS BUCKSHNIS, MESAROS AND NELSON VOTING NO. Councilmember Johnson commented when the Council voted to change the building height on the QFC quadrant, the total height allowed in the quadrant, 45-feet, was not changed. Mr. Chave answered that would be automatic, the height for a 3-story building is 35 feet. Councilmember Petso commented one of things the Council did by passing that motion was to significantly reduce the number of properties that would follow “that green outline” to get a fourth floor. Amendment #3 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND TO GET A THIRD OR FOURTH FLOOR WOULD REQUIRE COMPLIANCE WITH THE HEIGHT BONUS STANDARDS. Councilmember Mesaros asked for clarification whether Councilmember Petso intended the amendment to apply only to the northwest quadrant. Councilmember Petso responded her intent was for a building with a third or fourth story to comply with the building bonus standard. Mr. Chave referred to the Height Bonus Score Sheet; currently to obtain four stories requires a bunch of things. Councilmember Petso’s amendment would require that be done to achieve three stories. Councilmember Mesaros asked what the impact would be. Mr. Chave answered it would require amenity space above 15%, a greener building; at least four of the categories would need to be selected. Ms. Hope said it could lead to less development. Council President Fraley-Monillas observed four stories were currently allowed in the three other quadrants. Mr. Chave answered only in the southwest quadrant. To obtain a fourth floor, the developer would need to select from the height bonus score sheet; Councilmember Petso’s amendment would require the same for three stories. Council President Fraley-Monillas did not support that requirement for three stories, noting Westgate is being treated very differently than other development. She supported the Height Bonus Score Sheet for four story buildings. Mr. Chave pointed out a number of the things on the Height Bonus Score Sheet are already required. This would be add-ons which cost money. Mayor Earling clarified if a Councilmember did not want the add-ons, they would vote no on Councilmember Petso’s motion. Call for the Question and Vote COUNCILMEMBER BUCKSHNIS CALLED FOR THE QUESTION, SECONDED BY COUNCILMEMBER MESAROS. CALL FOR THE QUESTION CARRIED (5-2), COUNCILMEMBERS PETSO AND BLOOM VOTING NO. Action on Amendment #3 UPON ROLL CALL, AMENDMENT FAILED (3-4), COUNCILMEMBER PETSO, JOHNSON AND COUNCILMEMBER BLOOM VOTING YES; AND COUNCILMEMBERS NELSON, MESAROS, AND BUCKSHNIS AND COUNCIL PRESIDENT FRALEY-MONILLAS VOTING NO. Amendment #4 Edmonds City Council Draft Minutes April 7, 2015 Page 23 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY- MONILLAS, TO AMEND TO SET COMMERCIAL PARKING AT 1 TO 400 RATHER THAN 1 TO 500. Councilmember Petso said she preferred 1:300 in order to provide commercial vitality but she thought 1:400 might pass. She reiterated choosing a parking requirement is choosing the type of businesses that will locate in Westgate. If only shoe repair shops are wanted, the 1:500 standard is probably the right number but she envisioned the desire was for something more vibrant. Council President Fraley-Monillas commented this was approved by Council in November. Action on Amendment #4 MOTION CARRIED UNANIMOUSLY. Amendment #5 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND TO DELETE THE HEIGHT BONUS PARAGRAPH IN 22.110.010.B AND REQUIRE A 1ST FLOOR CEILING HEIGHT OF AT LEAST 16 FEET FOR ANY BUILDING TYPE WITH 1ST FLOOR COMMERCIAL USE. Councilmember Petso recalled the code allowed 45 feet and an extra 5 feet could be obtained by providing commercial on the 1st floor for a total of 50 feet. She preferred all the commercial spaces in Westgate to be vibrant. The zoning downtown requires 15 feet and literature available on the internet suggests 16-22 feet. Her motion was for a 16-feet 1st floor ceiling height because she doubted the Council would support 22 feet. Council President Fraley-Monillas asked what the current ordinance states. Mr. Chave answered there is no commercial floor requirement, only an incentive for large commercial spaces. If a 16-foot 1st floor ceiling height is required, the building height will also need to be raised because it essentially eliminates a floor. Councilmember Petso raised a point of order. She requested an opportunity to correct the misstatement just made by Mayor Earling to Council President Fraley-Monillas that her intent in making the motion was to wipe out a floor. It is not and she will happily refer it to staff for a recommendation regarding additional height. She made the motion because everyone knows if the height of the commercial level is squashed, there is a limitation on commercial uses and the result is an insurance agent instead of a restaurant. Mr. Mayor Earling clarified he said that would lose a floor which Mr. Chave confirmed. Mr. Chave said if the intent is to increase ground floor heights, the overall building height also needs to be increased at least 4-5 feet because that cannot be accomplished under the existing heights. Council President Fraley-Monillas said she did not hear Mayor Earling say anything. She asked Mr. Chave his recommendation regarding the height of first floor commercial. Mr. Chave answered it depends; the idea behind the additional five feet and tied to a large footprint store was specifically to recognize the grocery stores’ need for high ceilings. For Councilmember Buckshnis, Mr. Chave recommended dispensing with the bonus if the Council wanted to increase the height of ground floor commercial. Council President Fraley-Monillas was not interested in increasing every building type 5 feet to get a 16- foot ground floor commercial. She did not support the amendment. Councilmember Johnson commented this is difficult to discuss at 10:45 p.m. She observed many grocery stores prefer a ceiling height even greater than 16 feet. She preferred to allow the developer to determine Edmonds City Council Draft Minutes April 7, 2015 Page 24 the floor heights within the overall building height. Councilmember Petso agreed a 22-foot ceiling height provided a superior commercial facility. The reason for the motion was years of experience with buildings downtown that do not have sufficient height to accommodate uses such as restaurants, etc. and a 15-foot 1st floor ceiling height was required downtown to ensure it was commercially vibrant. She wanted Westgate to remain commercially vibrant and therefore wanted at least 16-foot 1st floor ceilings. Council President Fraley-Monillas agreed with Councilmember Johnson, if a height limit is established, it is up to the builder to determine the first floor ceiling height. Councilmember Bloom said if Councilmember Petso’s amendment did not pass, the result could be just office-type space instead of viable retail. Council President Fraley-Monillas said that assumed the developer would prefer to construct office space instead of 10-12 foot ceiling. Action on Amendment #5 MOTION FAILED (2-5), COUNCILMEMBERS BLOOM AND PETSO VOTING YES. Amendment #6 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO ADD A SECTION G TO 22.110.050.C STATING THE FIRST 45 FEET OF BUILDING DEPTH FACING A STREET OR SIDEWALK MAY NOT BE USED FOR PARKING. Councilmember Petso said she was not in favor of a bunch of buildings where the streetscape on Edmonds Way was vehicle parking and instead of strip mall type where there is parking behind landscaping, some of the buildings have parking behind “little cages.” Councilmember Bloom expressed support for the amendment recalling pictures Councilmember Petso has shown her of a streetscape with parking behind “horrid crosshatch black cages” in of the front of building, a bare sidewalk and a little bench as an amenity. She could not fathom that on SR-104 or 100th Avenue. Council President Fraley-Monillas asked Mr. Chave for his input. Mr. Chave said that would make configuring a building difficult because it may have multiple orientations. He suggested changing the amendment to streets; sidewalks will be problematic because there could potentially be sidewalks on multiple faces of a building. Amendment #6a COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE AMENDMENT TO LIMIT IT TO THE FIRST 45 FEET OF BUILDING DEPTH FACING A STREET. Mr. Doherty commented 45 feet is a huge distance, especially for a site with 2-3 streets. If the desire was not to have parking on the front façade, it did not need to be 45 feet. He suggested stating parking is not allowed as part of the façade or a lower distance. Councilmember Petso said she chose 45 feet due commercial depth constructed downtown that was not adequate for vibrant commercial building. Mr. Chave said the standard is generally 45 feet downtown; that is the only area with that requirement. He suggested 30-foot should be adequate. He said the window requirements in Westgate would not allow grilled parking frontages. Councilmember Bloom asked why Mr. Chave suggested a 30-foot depth for Westgate when 45 feet was required downtown. Mr. Chave explained most downtown businesses typically have a single frontage. Buildings in Westgate may have multiple frontages including the street and internal streets. He summarized 30 feet would be adequate and would provide more flexibility. Amendment #6a-1 Edmonds City Council Draft Minutes April 7, 2015 Page 25 COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE AMENDMENT TO 30 FEET. Councilmember Johnson suggested having that on SR-104 and 9th Avenue as it may be impossible to achieve on internal streets. Action on Amendment #6a-1 UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCIL PRESIDENT FRALEY- MONILLAS AND COUNCILMEMBERS BLOOM, JOHNSON, AND PETSO VOTING YES; AND COUNCILMEMBER BUCKSHNIS, MESAROS AND NELSON VOTING NO. Amendment #6a-2 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE AMENDMENT TO LIMIT IT TO SR-104 AND 100TH/9TH/FIRDALE AVE. Action on Amendment #6a-2 MOTION CARRIED UNANIMOUSLY. Amendment #6 Restated as amended Councilmember Petso restated the amendment as amended: ADD SECTION G TO 22.110.050.C STATING THAT THE FIRST 30 FEET OF BUILDING DEPTH FACING SR-104 OR 100TH/9TH/FIRDALE AVE NOT BE USED FOR PARKING. Action on Amendment #6 AMENDMENT CARRIED (6-1), COUNCILMEMBER MESAROS VOTING NO. Amendment #7 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND THE MOTION TO ADD A PROVISION THAT 4 STORIES WILL ONLY BE PERMITTED ON THAT PORTION OF BUILDINGS AND PARCELS WITHIN 60 FEET OF THE PROTECTED SLOPE LINE. Councilmember Petso explained the reason for this motion is people do not object to extra height against the hillside but are less interested in extra height out by the street. A compromise can be achieved by placing taller buildings within 60 feet of the protected slope line. Council President Fraley-Monillas said with the elimination of four stories on the QFC quadrant, the 4- story buildings are against the slopes. Councilmember Petso said there was one exception, the front corner of the southwest quadrant where there is currently a Starbucks, UPS store and a sandwich shop would not be within 60 feet of the steep slope line. Mr. Chave said the Council already approved a 16- foot setback; the only area left with up to 4 stories is the southwest quadrant. There is also a 30-foot stepback for 3rd and 4th floors from the intersection. He summarized the Council has already heavily restricted what can be done and how close the building can be to the intersection and 60 feet is a pretty small distance. Councilmember Mesaros asked for a map with a scale. Mr. Chave offered to look for one. Councilmember Petso said her next motion was related to prohibiting outdoor merchandise displays and dining within 12 feet of SR-104 and 100th for safety reasons. Ms. Hope answered dining, etc. could be allowed in their setback area but not in the 12-feet of right-of-way where the landscaping and sidewalk are located. Councilmember Petso asked if that also applied to utility enclosures. Ms. Hope said a utility enclosure would be required to be in the setback. Edmonds City Council Draft Minutes April 7, 2015 Page 26 With regard to the amendment regarding 60 feet, Ms. Hope said redevelopment to 4 stories on the Bartell parcel would not be possible. Motion to Extend and Action COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING TO 11:30 P.M. MOTION CARRIED (4-3), COUNCILMEMBERS JOHNSON, BLOOM, AND PETSO VOTING NO. Councilmember Petso commented it is theoretically possible if the property were in one ownership, to start a building at the Wells Fargo and extend the building to the rain garden at PCC, a total of 700-800 feet. She asked what number would top buildings out at 250-400 feet. Ms. Hope responded some of the existing buildings are about 250 feet which would mean they could not add on if there was a 250-foot maximum length. The design standards would not allow one long front façade on a building. If it was important to establish a maximum length she suggested 400 feet. Mr. Chave displayed a photograph, explaining it appeared the depth on some of the properties on the southwest corner were in the range of 400 feet so 60 feet would be well back inside the property. He noted the slopes generally run on the southwestern edge. Councilmember Petso said PCC and QFC are approximately 250 feet long. If one of those building were sited against the steep slope, most of area except the front corner could go to the full height; only the corner where the Starbucks and UPS are located would be affected. Mr. Chave said within 60 feet of the slope line would be well back inside the property. Council President Fraley-Monillas questioned how a building could be construction on that site anyway with the setback and the stepback at the intersection. Councilmember Petso said a building could be constructed; it would just not be as tall out by the front. Mr. Chave agreed the 3rd and 4th floors have to be stepped back 30 feet so there would not be a 3 or 4 story building at the street. He concluded the proposed amendment would be severely limiting. Call for the Question and Action COUNCILMEMBER MESAROS CALLED FOR THE QUESTION, SECONDED BY COUNCILMEMBER BUCKSHNIS. CALL FOR THE QUESTION CARRIED UNANIMOUSLY. Action on Amendment #7 AMENDMENT FAILED (2-5), COUNCILMEMBERS BLOOM AND PETSO VOTING YES. Councilmember Petso asked about a provision requiring space be allocated on site for service vehicles, delivery vehicles, moving vans, etc., pointing out it would be problematic for a moving van to obstruct traffic on SR-104 or 100th. Mr. Chave advised loading zones are always part of the standard review of development site plans. Parking a moving van or other truck on the right-of-way would require special permission from the City which they would not get. Councilmember Petso asked whether a requirement for the interior circulation drive needed to be added or was that covered by the access management plan. Mr. Chave answered it was covered. Amendment #8 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND TO CREATE AN EIGHTH BUILDING TYPE, COMMERCIAL ONLY. Council President Fraley-Monillas asked the intent. Councilmember Petso answered as was discussed earlier, she was trying to allow commercial buildings in the corners of the intersection and have mixed use further away from the commercial core. The current diagram allows commercial mixed use with Edmonds City Council Draft Minutes April 7, 2015 Page 27 residential on every parcel in Westgate and she cannot designate the four corner parcels for commercial only unless an eighth building type is created. She restated the amendment as follows: Amendment #8 Restated CREATE AN EIGHTH BUILDING TYPE AND APPLY IT TO THE FOUR CORNER PARCELS. Action on Amendment #8 AMENDMENT FAILED (2-5), COUNCILMEMBERS BLOOM AND PETSO VOTING YES. Amendment #9 COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO AMEND TO LIMIT BUILDINGS TO A MAXIMUM LENGTH, WIDTH OR DEPTH OF 400 FEET. Councilmember Petso explained mixed use buildings are often quite large and generally end only because they reach a street. That can work where there is a street grid system but there are no streets in this area. For example on the northeast side, there is the potential for a single building to extend from PCC to Wells Fargo and she did not want that to happen. Action on Amendment #9 AMENDMENT FAILED (2-5), COUNCILMEMBERS BLOOM AND PETSO VOTING YES. Councilmember Petso said she will vote against the main motion because the proposal is required to comply with the Comprehensive Plan and it does not. One of the Comprehensive Plan requirements reads we intend to permit uses in community commercial areas that serve both local neighborhood, regional and through traffic, and also set aside a sufficient number of sites for a variety of commercial uses. During tonight’s discussion it has become clear the City is not setting aside Westgate for commercial uses but rather rezoning Westgate to residential which is not consistent with the Comprehensive Plan. Councilmember Mesaros said he will support the motion for the opposite reasons stated by Councilmember Petso. He believed this was setting aside Westgate for greater commercial and residential use and creating an atmosphere where young people will want to live and a vibrant center. That transition will not be quick, it will occur over the next 15-20 years. He concluded the plan is a good step for the City. Councilmember Bloom thanked Councilmember Petso for the amendments she made and for her hard work. She will vote against the motion for several reasons; many of amendments she supported did not pass, one of the sentences regarding purposes is encourage the development of a variety of housing choices available to residents of all economic and age segments which she did not feel had been accomplished by this plan, the plan ignored important concerns that citizens have raised and one quadrant will be too close to the street. Councilmember Johnson invited staff to respond to Councilmember Petso’s claim that the plan is inconsistent with the Comprehensive Plan. She recalled a change was to the Comprehensive Plan in November 2014 to set the stage for this portion of the plan. Mr. Chave said the policy Councilmember Petso cited was part of that. Especially with the amendments, the plan supports commercial use while also supporting mixed use. He referred to synergy, noting the additional residential will make the commercial stronger. The Council increased the parking requirements to make commercial stronger. He summarized it would be difficult to argue that the plan did not accommodate the policy cited by Councilmember Petso. Council President Fraley-Monillas expressed her appreciation for all amendments offered by Councilmember Petso who did a great deal of work on the Westgate plan. She also thanked staff for their work. She appreciated the Council respecting each other’s opinions tonight. Edmonds City Council Draft Minutes April 7, 2015 Page 28 Councilmember Petso echoed the comments regarding staff’s efforts. There have been a lot of improvements made to the plan since the Council first saw it in August and since her article in the Edmonds Beacon such as making amenity space public. She read Comprehensive Plan provisions that are of concern to her, assuming they applied to the Westgate area: • B.1: A sufficient number of sites suited for a variety of commercial uses should be identified and reserved for these purposes. The great majority of such sites should be selected from parcels of land already identified within the Comprehensive Plan for commercial use and/or zoned for such use. She said Edmonds does not lack for residential sites as most of the City is residential. The City’s commercial property is precious and provides a necessary diversity and sales tax. • B.2: Parcels of land previously planned or zoned for commercial use but which are now or will be identified as unnecessary or inappropriate for such use should be reclassified for other uses. She was on board with that but the Council has not identified Westgate as inappropriate or unsuitable for commercial uses. Sales tax data indicates Westgate is the City’s most productive commercial zone with the exception of car dealerships and generates twice the sales tax compared to other commercial districts. She questioned why Westgate would be the first place chosen to rezone to residential. Councilmember Buckshnis thanked staff for the five years of work they did on this, recalling the process that began at the EDC several years ago. She relayed many people who live in the Westgate area are very excited about redevelopment. She assured the uses in some quadrants would not change. Action on Main Motion #2 as Amended MAIN MOTION AS AMENDED CARRIED (5-2), COUNCILMEMBERS BLOOM AND PETSO VOTING NO. Due to the late hour, the remaining items were not considered. 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION 14. ADJOURN With no further business, the Council meeting was adjourned at 11:24 p.m. Edmonds City Council Draft Minutes April 7, 2015 Page 29    AM-7626     4. B.              City Council Meeting Meeting Date:04/14/2015 Time:Consent   Submitted For:Scott James Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action:  Type: Action  Information Subject Title Approval of claim checks #213650 through #213798 dated April 9, 2015 for $2,328,758.72. Recommendation Approval of claim 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:2015 Revenue: Expenditure:2,328,758.72 Fiscal Impact: Claims $2,328,758.72 Attachments Claim ck 04-09-15a Claim cks 04-09-15b Project Numbers 04-09-15 Form Review Inbox Reviewed By Date Finance Scott James 04/09/2015 02:48 PM City Clerk Linda Hynd 04/09/2015 02:53 PM Mayor Dave Earling 04/09/2015 03:34 PM Finalize for Agenda Linda Hynd 04/10/2015 08:25 AM Finalize for Agenda Linda Hynd 04/10/2015 08:25 AM Form Started By: Nori Jacobson Started On: 04/09/2015 11:51 AM Final Approval Date: 04/10/2015  04/09/2015 Voucher List City of Edmonds 1 11:55:56AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213650 4/6/2015 068322 TRANE US INC 34840164 PS - Service Agreement 5 Year Contract PS - Service Agreement 5 Year Contract 001.000.66.518.30.48.00 9,987.27 Total :9,987.27 Bank total :9,987.271 Vouchers for bank code :usbank 9,987.27Total vouchers :Vouchers in this report1 1Page: 04/09/2015 Voucher List City of Edmonds 1 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213651 4/9/2015 075085 1LINGUA LLC 47 ONLINE INTERPRETER SUBSCRIPTION FOR NOV ONLINE INTERPRETER SUBSCRIPTION FOR NOV 001.000.23.523.30.41.01 50.00 ONLINE INTERPRETER SUBSCRIPTION FOR DEC52 ONLINE INTERPRETER SUBSCRIPTION FOR DEC 001.000.23.523.30.41.01 50.00 Total :100.00 213652 4/9/2015 070322 A&A LANGUAGE SERVICES INC 13-24796 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 188.14 INTERPRETER FEE13-24902 INTERPRETER FEE 001.000.23.512.50.41.01 26.03 Total :214.17 213653 4/9/2015 061029 ABSOLUTE GRAPHIX 415208 P&R WINTER VOLLEYBALL SHIRTS P&R WINTER VOLLEYBALL SHIRTS 001.000.64.571.25.31.00 70.55 9.5% Sales Tax 001.000.64.571.25.31.00 6.70 Total :77.25 213654 4/9/2015 063863 ADVANCED TRAFFIC PRODUCTS 0000012100 Traffic - Ped Buttons Traffic - Ped Buttons 111.000.68.542.64.31.00 326.00 9.5% Sales Tax 111.000.68.542.64.31.00 30.97 Total :356.97 213655 4/9/2015 069156 ADVISARTS INC BACH # 3 COMMUNITY CULTURAL PLAN CONSULTANT SERVI COMMUNITY CULTURAL PLAN CONSULTANT 117.100.64.573.20.41.00 312.50 Total :312.50 1Page: 04/09/2015 Voucher List City of Edmonds 2 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213656 4/9/2015 074437 ALLIANT INSURANCE SERVICES INC 04/01/2015 2015 Q1 Retiree medical program 2015 Q1 Retiree medical program 001.000.22.518.10.41.00 4,974.48 Total :4,974.48 213657 4/9/2015 001030 ALLIED SYSTEMS PRODUCTS INC IN124227 SUPPLIES SUPPLIES 001.000.23.512.50.31.00 20.15 Total :20.15 213658 4/9/2015 065568 ALLWATER INC 040315027 WWTP - DRINKING WATER cooler rental 423.000.76.535.80.31.00 9.00 water 423.000.76.535.80.31.00 19.90 9.5% Sales Tax 423.000.76.535.80.31.00 0.86 Total :29.76 213659 4/9/2015 073626 ALPHA ECOLOGICAL 2530421 PS - Bi Mo Maint Agreement PS - Bi Mo Maint Agreement 001.000.66.518.30.48.00 108.41 Total :108.41 213660 4/9/2015 074695 AMERICAN MESSAGING W4101046PD Water Watch Pager Fees Water Watch Pager Fees 421.000.74.534.80.42.00 20.60 Total :20.60 213661 4/9/2015 069751 ARAMARK UNIFORM SERVICES 198794507 WWTP - UNIFORMS, MATS & TOWELS uniforms 423.000.76.535.80.24.00 3.80 mats & towels 423.000.76.535.80.41.11 79.34 9.5% Sales Tax 423.000.76.535.80.24.00 0.36 2Page: 04/09/2015 Voucher List City of Edmonds 3 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213661 4/9/2015 (Continued)069751 ARAMARK UNIFORM SERVICES 9.5% Sales Tax 423.000.76.535.80.41.11 7.54 PARKS MAINT UNIFORM SERVICE1987945808 PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 40.95 Total :131.99 213662 4/9/2015 001801 AUTOMATIC WILBERT VAULT CO 37379 ROUGH BOX - CROW ROUGH BOX - CROW 130.000.64.536.20.34.00 430.00 Total :430.00 213663 4/9/2015 074640 B2C PUBLISHING 2128 TOURISM AD IN BLUE CITY MONTHLY APRIL 20 Tourism promotion ad in Blue City 120.000.31.575.42.41.40 625.00 Total :625.00 213664 4/9/2015 069076 BACKGROUND INVESTIGATIONS INC COE0315 New Employee Background checks New Employee Background checks 001.000.22.518.10.41.00 232.00 Total :232.00 213665 4/9/2015 072775 BAVCO 703505 Fac Maint - Repair Kits Fac Maint - Repair Kits 001.000.66.518.30.31.00 447.20 Freight 001.000.66.518.30.31.00 10.00 9.5% Sales Tax 001.000.66.518.30.31.00 43.43 Total :500.63 213666 4/9/2015 074307 BLUE STAR GAS 3773 Fleet Auto Propane 249.6 Gal Fleet Auto Propane 249.6 Gal 511.000.77.548.68.34.12 355.14 Fleet Auto Propane 356 Gal3796 3Page: 04/09/2015 Voucher List City of Edmonds 4 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213666 4/9/2015 (Continued)074307 BLUE STAR GAS Fleet Auto Propane 356 Gal 511.000.77.548.68.34.12 479.77 Total :834.91 213667 4/9/2015 002500 BLUMENTHAL UNIFORMS & EQUIP 129185 INV#129185 - EDMONDS PD - SACKVILLE DOUBLE CUFF CASE 001.000.41.521.71.24.00 34.95 BATON HOLDER 001.000.41.521.71.24.00 10.50 BELT KEEPER 001.000.41.521.71.24.00 14.95 TACTICAL HARNESS 001.000.41.521.71.24.00 37.95 MAG POUCH 001.000.41.521.71.24.00 35.95 BELT KEEPERS/D-RING 001.000.41.521.71.24.00 21.95 DUTY BELT 001.000.41.521.71.24.00 52.95 BELT LINER 001.000.41.521.71.24.00 25.95 9.5% Sales Tax 001.000.41.521.71.24.00 22.34 INV#129259 - EDMONDS PD - DAWSON129259 CORPORAL CHEVRONS 001.000.41.521.70.24.00 8.85 9.5% Sales Tax 001.000.41.521.70.24.00 1.55 SEW CHEVRONS ON SHIRT 001.000.41.521.70.24.00 7.50 Total :275.39 213668 4/9/2015 074849 BOMAR, RICK 4715 TRAVEL REFUND FOR STAFF COURT TRAINING TRAVEL REFUND FOR STAFF COURT TRAINING 001.000.23.523.30.43.00 115.13 4Page: 04/09/2015 Voucher List City of Edmonds 5 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :115.132136684/9/2015 074849 074849 BOMAR, RICK 213669 4/9/2015 067391 BRAT WEAR 14636 INV#14636 - EDMONDS PD - HWANG DUTY JACKET W/FLEECE LINER 001.000.41.521.22.24.00 375.00 EMBROIDER NAME ON JACKET/LINER 001.000.41.521.22.24.00 16.00 L/S UNIFORM SHIRTS 001.000.41.521.22.24.00 128.00 S/S UNIFORM SHIRTS 001.000.41.521.22.24.00 118.00 UNIFORM SHIRTS 001.000.41.521.22.24.00 178.00 SAFETY VEST - POLICE 001.000.41.521.22.24.00 39.00 9.5% Sales Tax 001.000.41.521.22.24.00 81.13 INV#14637 - EDMONDS PD - HWANG14637 JUMPSUIT W/NAME 001.000.41.521.22.24.00 515.00 9.5% Sales Tax 001.000.41.521.22.24.00 48.93 Total :1,499.06 213670 4/9/2015 074442 CAPITAL ONE 8941 Street/Storm - Supplies Street/Storm - Supplies 422.000.72.531.90.31.00 24.08 Street/Storm - Supplies 111.000.68.542.90.31.00 24.08 Total :48.16 213671 4/9/2015 003510 CENTRAL WELDING SUPPLY RN03151006 HELIUM TANK RENTAL GYMNASTICS HELIUM TANK RENTAL GYMNASTICS 001.000.64.571.28.45.00 12.75 9.5% Sales Tax 001.000.64.571.28.45.00 1.21 5Page: 04/09/2015 Voucher List City of Edmonds 6 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213671 4/9/2015 (Continued)003510 CENTRAL WELDING SUPPLY WWTP - SUPPLIES, GASESRN03151007 nitrogen, oxygen & carbon monoxide 423.000.76.535.80.31.11 74.25 9.5% Sales Tax 423.000.76.535.80.31.11 7.05 Total :95.26 213672 4/9/2015 063902 CITY OF EVERETT I15000745 Water Quality Water Lab Analysis Water Quality Water Lab Analysis 421.000.74.534.80.41.00 567.00 Total :567.00 213673 4/9/2015 019215 CITY OF LYNNWOOD 11388 INV#11388 CUST#47 - EDMONDS PD PRISONER R&B JAN 2015 001.000.39.523.60.51.00 1,868.83 INV#11389 CUST#47 - EDMONDS PD11389 PRISONER R&B FEB 2015 001.000.39.523.60.51.00 404.17 Total :2,273.00 213674 4/9/2015 073617 CLIFTON, AMBER 4615 TRAVEL REFUND FOR STAFF TRAINING TRAVEL REFUND FOR STAFF TRAINING 001.000.23.512.50.43.00 27.97 Total :27.97 213675 4/9/2015 004095 COASTWIDE LABS GW2747320 PM LINERS PM LINERS 001.000.64.576.80.31.00 571.34 9.5% Sales Tax 001.000.64.576.80.31.00 54.28 WWTP - SUPPLIES, OFFICEGW2758564 jumbo 2 ply 423.000.76.535.80.31.23 57.88 9.5% Sales Tax 423.000.76.535.80.31.23 5.50 6Page: 04/09/2015 Voucher List City of Edmonds 7 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213675 4/9/2015 (Continued)004095 COASTWIDE LABS PM ACCLAIM, BRAWNY, SEAT COVER, SCOURINGNW2747320 PM ACCLAIM, BRAWNY, SEAT COVER, 001.000.64.576.80.31.00 300.97 9.5% Sales Tax 001.000.64.576.80.31.00 28.59 PM ACCLAIMNW2747320-1 PM ACCLAIM 001.000.64.576.80.31.00 184.98 9.5% Sales Tax 001.000.64.576.80.31.00 17.57 Total :1,221.11 213676 4/9/2015 064369 CODE PUBLISHING CO 49419 EDMONDS CITY CODE WEB HOSTING Web Hosting 04/2015-04/2016 001.000.25.514.30.48.00 350.00 Total :350.00 213677 4/9/2015 075089 COMPUCOM SYSTEMS 62717979 ADOBE ACROBAT XI PRO LICENSE Adobe Acrobat XI Pro license for Police 001.000.41.521.11.31.00 253.28 9.5% Sales Tax 001.000.41.521.11.31.00 24.06 Total :277.34 213678 4/9/2015 065683 CORRY'S FINE DRY CLEANING MAR 2015 DRY CLEANING FEB/MAR - EDMONDS PD CLEANING/LAUNDRY FEB/MAR 2015 001.000.41.521.22.24.00 651.16 Total :651.16 213679 4/9/2015 005965 CUES INC 428602 Sewer - Repair Parts Sewer - Repair Parts 423.000.75.535.80.48.00 383.80 Labor 423.000.75.535.80.48.00 105.00 Freight 7Page: 04/09/2015 Voucher List City of Edmonds 8 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213679 4/9/2015 (Continued)005965 CUES INC 423.000.75.535.80.48.00 20.22 9.5% Sales Tax 423.000.75.535.80.48.00 38.39 Total :547.41 213680 4/9/2015 072278 CUETER, THAYER 19703 TURTLES 19703 LET'S TALK TURTLES INSTRUCTOR FEE 19703 LET'S TALK TURTLES INSTRUCTOR FEE 001.000.64.571.22.41.00 22.00 Total :22.00 213681 4/9/2015 006200 DAILY JOURNAL OF COMMERCE 3298743 E5KA.RFQ FOR CONSULTANT SERVICES E5KA.RFQ for Consultant Services 421.000.74.594.34.41.10 409.50 Total :409.50 213682 4/9/2015 061570 DAY WIRELESS SYSTEMS - 03 382855 INV#382855 - EDMONDS PD CALIBRATE #GHD-02444 001.000.41.521.22.48.00 70.00 CALIBRATE #GHD-03892 001.000.41.521.22.48.00 70.00 CALIBRATE #GHD-14989 001.000.41.521.22.48.00 70.00 CALIBRATE #GHD-15003 001.000.41.521.22.48.00 70.00 CALIBRATE #PL22598 001.000.41.521.22.48.00 70.00 FUEL SURCHARGE 001.000.41.521.22.48.00 10.00 9.5% Sales Tax 001.000.41.521.22.48.00 34.20 Total :394.20 213683 4/9/2015 047450 DEPT OF INFORMATION SERVICES 2015030057 CUSTOMER ID# D200-0 Scan Services for March 2015 001.000.31.518.88.42.00 940.00 8Page: 04/09/2015 Voucher List City of Edmonds 9 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :940.002136834/9/2015 047450 047450 DEPT OF INFORMATION SERVICES 213684 4/9/2015 064531 DINES, JEANNIE 15-3533 COUNCIL MINUTES 3/10/15 3/10/2015 CITY COUNCIL MINUTES 001.000.25.514.30.41.00 336.60 Minutes for 2015 Council Retreat15-3538 Minutes for 2015 Council Retreat 001.000.11.511.60.41.00 465.30 INV#15-3539 - EDMONDS PD15-3539 TRANSCRIPTION CASE #15-0245 001.000.41.521.21.41.00 29.70 TRANSCRIPTION CASE #14-4051 001.000.41.521.21.41.00 33.00 TRANSCRIPTION CASE #14-5001 001.000.41.521.21.41.00 92.40 TRANSCRIPTION CASE #IA15-001 001.000.41.521.10.41.00 191.40 Total :1,148.40 213685 4/9/2015 064640 DMCMA 0430156 COURT TRAINING FOR STAFF JOAN, AMBER, COURT TRAINING FOR STAFF JOAN, AMBER, 001.000.23.512.50.49.00 175.00 COURT TRAINING FOR STAFF RICK & RENEE 001.000.23.523.30.49.00 50.00 COURT MANAGERS ANNUAL CONFERENCE52015 COURT MANAGERS ANNUAL CONFERENCE 001.000.23.512.50.49.00 100.00 Total :325.00 213686 4/9/2015 007253 DUNN LUMBER 3081193 PM LUMBER PM LUMBER 001.000.64.576.80.31.00 630.98 9.5% Sales Tax 001.000.64.576.80.31.00 59.94 Total :690.92 9Page: 04/09/2015 Voucher List City of Edmonds 10 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213687 4/9/2015 069605 EAGLE EYE CONSULTING ENGINEERS 2015-EDM-JAN CONSULTING FEES consulting fees 001.000.62.524.20.41.00 2,530.00 Total :2,530.00 213688 4/9/2015 071842 EATON CORPORATION 41838168 WWTP - PROFESSIONAL SERVICE, ELECTRIC Engineering Service, Modifications to 423.000.76.535.80.41.22 2,012.00 Total :2,012.00 213689 4/9/2015 075207 EDMONDS 2020 LLC CRA20150025 APPLICATION IN DUPLICATE Application fee paid in duplicate 001.000.257.620 155.00 Total :155.00 213690 4/9/2015 007675 EDMONDS AUTO PARTS 46223 PM 8 PC TAMPER RESIST, 100 PC BIT SET PM 8 PC TAMPER RESIST, 100 PC BIT SET 001.000.64.576.80.31.00 36.98 9.5% Sales Tax 001.000.64.576.80.31.00 3.51 PM SKT HOLD, MAG SKT HLDR, COMB WR, IMPA46228 PM SKT HOLD, MAG SKT HLDR, COMB WR, 001.000.64.576.80.31.00 159.46 9.5% Sales Tax 001.000.64.576.80.31.00 15.15 PM 1/4 MAG SKT HODR-G46296 PM 1/4 MAG SKT HODR 001.000.64.576.80.31.00 19.39 9.5% Sales Tax 001.000.64.576.80.31.00 1.84 Total :236.33 213691 4/9/2015 075213 EDMONDS CHURCH OF GOD 2015-024 E4CD.MEETING ROOM RENTAL FOR PUBLIC MTG E4CD.Meeting room rental for public 112.200.68.595.33.41.00 72.50 Total :72.50 10Page: 04/09/2015 Voucher List City of Edmonds 11 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213692 4/9/2015 007850 EDMONDS COMMUNITY COLLEGE 5158 HORT DILL 5158 HORT 108 DECIDUOUS ID DILL, DEBRA 5158 HORT 108 DECIDUOUS ID DILL, DEBRA 001.000.64.576.80.49.00 585.55 Total :585.55 213693 4/9/2015 008410 EDMONDS PRINTING CO R24857 Utility Billing Door Hangers (250) Utility Billing Door Hangers (250) 421.000.74.534.80.31.00 26.00 Utility Billing Door Hangers (250) 423.000.75.535.80.31.00 26.00 Utility Billing Door Hangers (250) 422.000.72.531.90.31.00 26.00 9.5% Sales Tax 421.000.74.534.80.31.00 2.47 9.5% Sales Tax 423.000.75.535.80.31.00 2.47 9.5% Sales Tax 422.000.72.531.90.31.00 2.47 Total :85.41 213694 4/9/2015 069878 EDMONDS-WESTGATE VET HOSPITAL 209986 INV#209986 CLIENT #5118 - EDMONDS PD SPAY DOG - IMPOUND #9174 001.000.41.521.70.49.01 97.50 Total :97.50 213695 4/9/2015 075200 EDUARDO ZALDIBAR 7585 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 106.83 Total :106.83 213696 4/9/2015 031060 ELECSYS INTERNATIONAL CORP 1335901 RADIX MONTHLY MAINT AGREEMENT Radix Monthly Maint Agreement - April 421.000.74.534.80.48.00 152.00 RADIX MONTHLY MAINT AGREEMENT134543 Radix Monthly Maint Agreement - May 421.000.74.534.80.48.00 152.00 11Page: 04/09/2015 Voucher List City of Edmonds 12 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :304.002136964/9/2015 031060 031060 ELECSYS INTERNATIONAL CORP 213697 4/9/2015 008812 ELECTRONIC BUSINESS MACHINES 112003 1 P&R COPIER C5051 #A7027 P&R COPIER C5051 #A7027 001.000.64.571.21.45.00 155.38 CUST# MK5533 C5051 GQM52286 COPIER112004 Meter charges 02/28/15 B&W, Color copies 001.000.31.514.23.48.00 89.13 9.5% Sales Tax 001.000.31.514.23.48.00 8.47 CITY CLERKS METER READ 3/28/15112008 City Clerks Copier Meter Read 3/28/2015 001.000.25.514.30.45.00 402.87 9.5% Sales Tax 001.000.25.514.30.45.00 38.27 COPIER CHARGES C1030112204 Copier charges for C1030 001.000.61.557.20.45.00 10.01 Copier charges for C1030 001.000.22.518.10.45.00 10.01 Copier charges for C1030 001.000.21.513.10.45.00 9.99 9.5% Sales Tax 001.000.61.557.20.45.00 0.95 9.5% Sales Tax 001.000.22.518.10.45.00 0.95 9.5% Sales Tax 001.000.21.513.10.45.00 0.95 Total :726.98 213698 4/9/2015 064733 ENVIROSORB COMPANY 105065 Storm - Booms Storm - Booms 422.000.72.531.10.31.00 550.00 Freight 422.000.72.531.10.31.00 25.00 9.5% Sales Tax 12Page: 04/09/2015 Voucher List City of Edmonds 13 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213698 4/9/2015 (Continued)064733 ENVIROSORB COMPANY 422.000.72.531.10.31.00 54.63 Total :629.63 213699 4/9/2015 009350 EVERETT DAILY HERALD EDH621807 E5KA.RFQ FOR CONSULTANT SERVICES E5KA.RFQ for Consultant Services 421.000.74.594.34.41.10 178.88 Total :178.88 213700 4/9/2015 066378 FASTENAL COMPANY WAMOU35334 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 21.78 9.5% Sales Tax 511.000.77.548.68.31.20 2.06 Total :23.84 213701 4/9/2015 071026 FASTSIGNS OF LYNNWOOD 443 16291 REPLACEMENT TAGS FOR CORNER PARKS REPLACEMENT TAGS FOR CORNER PARKS 127.000.64.575.50.31.00 11.00 9.5% Sales Tax 127.000.64.575.50.31.00 1.05 Total :12.05 213702 4/9/2015 070855 FLEX PLAN SERVICES INC 10017546 Flex Plan March monthly fee Flex Plan March monthly fee 001.000.22.518.10.41.00 82.10 Total :82.10 213703 4/9/2015 075208 FRALEY-MONILLAS, ADRIENNE 3/13-14-2015 Refreshments for 2015 Council Retreat Refreshments for 2015 Council Retreat 001.000.11.511.60.31.00 151.47 Total :151.47 213704 4/9/2015 011900 FRONTIER 253-003-6887 LIFT STATION #6 VG SPECIAL ACCESS LINES LIFT STATION #6 VG SPECIAL ACCESS LINES 423.000.75.535.80.42.00 41.67 WWTP AUTO DIALER - 1 VOICE GRADE253-012-9189 13Page: 04/09/2015 Voucher List City of Edmonds 14 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213704 4/9/2015 (Continued)011900 FRONTIER WWTP AUTO DIALER - 1 VOICE GRADE 423.000.76.535.80.42.00 41.08 WWTP TELEMETRY - 8 VOICEGRADE SPECIAL253-017-7256 WWTP TELEMETRY - 8 VOICEGRADE SPECIAL 423.000.76.535.80.42.00 217.18 MEADOWDALE PRESCHOOL PHONE & PM IP425-745-5055 MEADOWDALE PRESCHOOL PHONE 001.000.64.571.29.42.00 88.32 PARKS MAINT IP LINE (10 + TAX) 001.000.66.518.30.42.00 10.95 FIRE STATION #16 ALARM AND FAX LINES425-771-0158 FIRE STATION #16 ALARM AND FAX LINES 001.000.66.518.30.42.00 128.11 WWTP AUTO DIALER - 1 BUSINESS LINE425-771-5553 WWTP AUTO DIALER - 1 BUSINESS LINE 423.000.76.535.80.42.00 110.15 CITY HALL ALARM LINES 121 5TH AVE N425-776-6829 CITY HALL FIRE AND INTRUSION ALARM 001.000.66.518.30.42.00 128.11 Total :765.57 213705 4/9/2015 075163 GARCIA-GARCIA, CESAR 7589 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 105.59 INTERPRETER FEE7659 INTERPRETER FEE 001.000.23.523.30.41.01 105.59 INTERPRETER FEE7957 INTERPRETER FEE 001.000.23.512.50.41.01 105.59 Total :316.77 213706 4/9/2015 073922 GAVIOLA, NIKKA 19630 TAEKWON-DO 19630 TAEKWON-DO INSTRUCTOR FEE 19630 TAEKWON-DO INSTRUCTOR FEE 001.000.64.571.27.41.00 526.50 14Page: 04/09/2015 Voucher List City of Edmonds 15 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :526.502137064/9/2015 073922 073922 GAVIOLA, NIKKA 213707 4/9/2015 073821 GEODESIGN INC 0315-136 E4JA.SERVICES THRU 3/20/15 E4JA.Services thru 3/20/15 421.000.74.594.34.41.10 2,210.30 Total :2,210.30 213708 4/9/2015 012198 GFOA 0153002 MEMBERSHIP 5/1/15 - 4/30/16 Membership 5/1/15 - 4/30/16 S James & D 001.000.31.514.23.49.00 250.00 Total :250.00 213709 4/9/2015 072515 GOOGLE INC 1697459934 BILLING ID# 5030-2931-5908 Google Apps - Mar-2015 001.000.31.518.88.48.00 386.15 Total :386.15 213710 4/9/2015 012199 GRAINGER 9700113716 PM SPLIT JAW CLAMP METER PM SPLIT JAW CLAMP METER 001.000.64.576.80.31.00 149.35 9.2% Sales Tax 001.000.64.576.80.31.00 13.74 PM PLIERS9700149249 PM PLIERS 001.000.64.576.80.31.00 40.69 9.5% Sales Tax 001.000.64.576.80.31.00 3.88 FAC - Impeller, Seal Bearing Assembly,9703187204 FAC - Impeller, Seal Bearing Assembly, 001.000.66.518.30.31.00 594.21 Freight 001.000.66.518.30.31.00 63.50 9.5% Sales Tax 001.000.66.518.30.31.00 62.49 Total :927.86 213711 4/9/2015 012233 GRAYBAR ELECTRIC CO INC 978058671 WWTP - REPAIR/MAINTENANCE, ELECTRIC 15Page: 04/09/2015 Voucher List City of Edmonds 16 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213711 4/9/2015 (Continued)012233 GRAYBAR ELECTRIC CO INC hoffman enclosures, 423.000.76.535.80.48.22 502.09 Freight 423.000.76.535.80.48.22 25.00 9.5% Sales Tax 423.000.76.535.80.48.22 50.07 Total :577.16 213712 4/9/2015 012560 HACH COMPANY 9301859 WWTP - SUPPLIES, LAB lab supplies 423.000.76.535.80.31.31 886.74 Freight 423.000.76.535.80.31.31 52.77 9.5% Sales Tax 423.000.76.535.80.31.31 89.25 WWTP - SUPPLIES, LAB9310686 pipet tips 423.000.76.535.80.31.31 57.78 9.5% Sales Tax 423.000.76.535.80.31.31 5.49 Total :1,092.03 213713 4/9/2015 075212 HARVEY, CAROLYN REFUND LATE FEE REFUND OVERPMT OF LATE FEE - DOG LICENSE REFUND OF OVERPMT OF LATE FEE~ 001.000.322.30.000.00 8.00 Total :8.00 213714 4/9/2015 067862 HOME DEPOT CREDIT SERVICES 161674 WWTP - SUPPLIES, OPERATIONS penlime 30# 423.000.76.535.80.31.11 355.54 9.5% Sales Tax 423.000.76.535.80.31.11 33.78 WWTP - SUPPLIES, OPERATIONS2973245 soild sweet 423.000.76.535.80.31.11 237.15 16Page: 04/09/2015 Voucher List City of Edmonds 17 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213714 4/9/2015 (Continued)067862 HOME DEPOT CREDIT SERVICES Freight 423.000.76.535.80.31.11 79.00 9.5% Sales Tax 423.000.76.535.80.31.11 30.03 WWTP - SUPPLIES, MECHANICAL9082748 poly sheet 423.000.76.535.80.31.21 22.60 9.5% Sales Tax 423.000.76.535.80.31.21 2.15 Total :760.25 213715 4/9/2015 073548 INDOFF INCORPORATED 2604180 OFFICE SUPPLIES- COPY PAPER office supplies- copy paper 001.000.62.524.10.31.00 163.89 9.5% Sales Tax 001.000.62.524.10.31.00 15.57 DRY ERASE BOARD2604258 Dry Erase Board 001.000.25.514.30.31.00 29.89 9.5% Sales Tax 001.000.25.514.30.31.00 2.84 OFFICE SUPPLIES- PAPER2604302 office supplies- paper 001.000.62.524.10.31.00 53.00 9.5% Sales Tax 001.000.62.524.10.31.00 5.04 SUPPLIES2604342 SUPPLIES 001.000.23.523.30.31.00 333.28 TAB INDEX DIVIDERS2604955 Business Source Side Tab Index Dividers 001.000.31.514.23.31.00 29.79 9.5% Sales Tax 001.000.31.514.23.31.00 2.83 SUPPLIES2604994 17Page: 04/09/2015 Voucher List City of Edmonds 18 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213715 4/9/2015 (Continued)073548 INDOFF INCORPORATED SUPPLIES 001.000.23.512.50.31.00 72.04 ACCO MEDIUM BINDER CLIPS2605605 Acco Medium Binder Clips - 12 dz 001.000.31.514.23.31.00 32.28 9.5% Sales Tax 001.000.31.514.23.31.00 3.07 Water/Sewer - Mobile Roll Files2606294 Water/Sewer - Mobile Roll Files 421.000.74.534.80.31.00 261.00 Water/Sewer - Mobile Roll Files 423.000.75.535.80.31.00 261.00 9.5% Sales Tax 421.000.74.534.80.31.00 24.80 9.5% Sales Tax 423.000.75.535.80.31.00 24.79 RECEIVED STAMP REPLACEMENT PADS2606433 Red & Blue Stamp Pads for Received Stamp 001.000.25.514.30.31.00 39.92 9.5% Sales Tax 001.000.25.514.30.31.00 3.79 OFFICE SUPPLIES- MISC2606442 office supplies- misc 001.000.62.524.10.31.00 122.36 9.5% Sales Tax 001.000.62.524.10.31.00 11.62 P&R PAPER PADS FOR CARRIE2607046 P&R PAPER PADS FOR CARRIE 001.000.64.571.21.31.00 46.70 9.5% Sales Tax 001.000.64.571.21.31.00 4.44 SCOTCH MAGIC REMOVABLE TAPE2607120 Scotch Magic removable tape 001.000.31.514.23.31.00 9.95 18Page: 04/09/2015 Voucher List City of Edmonds 19 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213715 4/9/2015 (Continued)073548 INDOFF INCORPORATED 9.5% Sales Tax 001.000.31.514.23.31.00 0.95 CALCULATOR FOR S JAMES2608401 Sharp VX2652H Print Display Calculator 001.000.31.514.23.31.00 128.25 9.5% Sales Tax 001.000.31.514.23.31.00 12.18 WWTP - SUPPLIES, OFFICE2609191 paper and pens 423.000.76.535.80.31.41 78.73 9.5% Sales Tax 423.000.76.535.80.31.41 7.49 WWTP - SUPPLIES, OFFICE2609198 paper 423.000.76.535.80.31.41 37.99 9.5% Sales Tax 423.000.76.535.80.31.41 3.61 WWTP - SUPPLIES, OFFICE2609515 notebooks 423.000.76.535.80.31.41 9.96 9.5% Sales Tax 423.000.76.535.80.31.41 0.95 Total :1,834.00 213716 4/9/2015 063493 JOHNSTONE SUPPLY 13091114-00 FS - Motor FS - Motor 001.000.66.518.30.31.00 71.42 9.5% Sales Tax 001.000.66.518.30.31.00 6.78 Total :78.20 213717 4/9/2015 072650 KCDA PURCHASING COOPERATIVE 3897461 INV#3897461 ACCT#100828 - EDMONDS PD 10 CASES MULTI USE COPY PAPER 001.000.41.521.10.31.00 237.30 HANDLING FEE 19Page: 04/09/2015 Voucher List City of Edmonds 20 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213717 4/9/2015 (Continued)072650 KCDA PURCHASING COOPERATIVE 001.000.41.521.10.31.00 55.20 9.5% Sales Tax 001.000.41.521.10.31.00 22.54 Total :315.04 213718 4/9/2015 068401 KING CO OFFICE OF FINANCE 54723 WLRD 2014 3rd Trimester Cost Share WLRD 2014 3rd Trimester Cost Share 422.000.72.531.90.51.00 4,468.50 Total :4,468.50 213719 4/9/2015 067568 KPG INC 311515 E3DB.SERVICES THRU 3/25/15 E3DB.Services thru 3/25/15 112.200.68.595.33.41.00 5,186.57 E3DB.Storm Services thru 3/25/15 112.200.68.595.33.41.00 3,722.06 E3DD.SERVICES THRU 3/25/15311615 E3DD.Services thru 3/25/15 112.200.68.595.33.41.00 14,902.43 Total :23,811.06 213720 4/9/2015 068711 LAWN EQUIPMENT SUPPLY 7014-252 PM REDMAX PM REDMAX 001.000.64.576.80.31.00 53.45 9.5% Sales Tax 001.000.64.576.80.31.00 5.08 Total :58.53 213721 4/9/2015 075016 LEMAY MOBILE SHREDDING 4432158 SHREDDING SERVICES Invoice 1148053 03/04/2015 001.000.25.514.30.41.00 4.38 Invoice 1148053 03/04/2015 001.000.31.514.23.41.00 4.38 INV#4432416 ACCT#2185-952778-819 EDMONDS4432416 SHREDDING 2 TOTES 3/25/15 001.000.41.521.10.41.00 8.76 20Page: 04/09/2015 Voucher List City of Edmonds 21 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213721 4/9/2015 (Continued)075016 LEMAY MOBILE SHREDDING SHRED 8 BOXES @ $3.13 3/25/15 001.000.41.521.10.41.00 25.04 Total :42.56 213722 4/9/2015 072264 LEXIPOL LLC 13317 INV#13317 EDMONDS PD - LEXIPOL SUBSCRIPT ANNUAL UPDATES 5/1/15-4/30/16 001.000.41.521.40.41.00 3,200.00 Total :3,200.00 213723 4/9/2015 020039 MCMASTER-CARR SUPPLY CO 26855506 WWTP - REPAIR/MAINTENANCE, MECHANICAL & corrosion resistant aluminum 423.000.76.535.80.48.21 42.03 offset handle scissors 423.000.76.535.80.35.00 20.89 Freight 423.000.76.535.80.48.21 9.27 Total :72.19 213724 4/9/2015 020495 MIDWAY PLYWOOD INC C 64824 Fac Maint - Wood Supplies Fac Maint - Wood Supplies 001.000.66.518.30.31.00 92.98 9.5% Sales Tax 001.000.66.518.30.31.00 8.83 Total :101.81 213725 4/9/2015 020900 MILLERS EQUIP & RENT ALL INC 207934 PM KM EXT SHAFT CARBON, POLE PRUNER ATT PM KM EXT SHAFT CARBON, POLE PRUNER ATT 001.000.64.576.80.31.00 296.92 9.5% Sales Tax 001.000.64.576.80.31.00 28.21 Total :325.13 213726 4/9/2015 064570 NATIONAL SAFETY INC 0401629-IN Water - Work Coverall, Jacket Water - Work Coverall, Jacket 421.000.74.534.80.24.00 143.35 21Page: 04/09/2015 Voucher List City of Edmonds 22 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213726 4/9/2015 (Continued)064570 NATIONAL SAFETY INC 9.5% Sales Tax 421.000.74.534.80.24.00 13.62 Total :156.97 213727 4/9/2015 064006 NORTH WEST INSTRUMENT SERVICES 12795 INV#12795 - EDMONDS PD ANALYTICAL & PRECISION BALANCE 001.000.41.521.80.41.00 220.00 Sales Tax 001.000.41.521.80.41.00 18.92 Total :238.92 213728 4/9/2015 068451 NORTHEND TRUCK EQUIPMENT INC 1031044 Unit 65 - Repairs Unit 65 - Repairs 511.000.77.548.68.48.00 753.00 9.5% Sales Tax 511.000.77.548.68.48.00 71.54 Total :824.54 213729 4/9/2015 066391 NORTHSTAR CHEMICAL INC 60373 WWTP - SODIUM BISULFITE sodium bisulfite 423.000.76.535.80.31.54 858.00 9.5% Sales Tax 423.000.76.535.80.31.54 81.51 Total :939.51 213730 4/9/2015 061013 NORTHWEST CASCADE INC 2-1165815 BRACKETTS LANDING PARK HONEY BUCKET BRACKETTS LANDING PARK HONEY BUCKET 001.000.64.576.80.45.00 557.50 HICKMAN PARK HONEY BUCKET2-1166133 HICKMAN PARK HONEY BUCKET 001.000.64.576.80.45.00 587.62 YOST PARK HONEY BUCKET2-1166144 YOST PARK HONEY BUCKET 001.000.64.576.80.45.00 309.21 EDMONDS ELEMENTARY HONEY BUCKET2-1172460 22Page: 04/09/2015 Voucher List City of Edmonds 23 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213730 4/9/2015 (Continued)061013 NORTHWEST CASCADE INC EDMONDS ELEMENTARY HONEY BUCKET 001.000.64.576.80.45.00 111.65 CIVIC FIELD HONEY BUCKET2-1172550 CIVIC FIELD HONEY BUCKET 001.000.64.576.80.45.00 113.85 Total :1,679.83 213731 4/9/2015 025690 NOYES, KARIN 000 00 550 PLANNING BOARD MINUTES planning board minutes 001.000.62.558.60.41.00 408.00 Total :408.00 213732 4/9/2015 065332 NVL LABORATORIES INC 1501824 FAC - Asbestos Analysis FAC - Asbestos Analysis 001.000.66.518.30.48.00 30.00 Total :30.00 213733 4/9/2015 063511 OFFICE MAX INC 018684 PM, DISCOVERY, ADMIN SUPPLIES ADMIN: TISSUES 001.000.64.571.21.31.00 36.20 DISCOVERY: GLOVES 001.000.64.571.23.31.00 19.12 PM: PAPER PADS, PENCILS, BNDR, 001.000.64.576.80.31.00 45.61 PM CUTLESS WATERSHD, PAPER, NOTE PAD, PE051005 PM CUTLESS WATERSHD, PAPER, NOTE PAD, 001.000.64.576.80.31.00 97.17 9.5% Sales Tax 001.000.64.576.80.31.00 9.23 WOTS LABELS051511 WOTS LABELS 117.100.64.573.20.31.00 44.64 9.5% Sales Tax 117.100.64.573.20.31.00 4.24 CEMETERY LABELS991227 23Page: 04/09/2015 Voucher List City of Edmonds 24 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213733 4/9/2015 (Continued)063511 OFFICE MAX INC CEMETERY LABELS 130.000.64.536.50.31.00 15.36 9.5% Sales Tax 130.000.64.536.50.31.00 1.46 Total :273.03 213734 4/9/2015 073896 OLYMPIC BRAKE SUPPLY 2-292145 Unit 93 - Brake Parts Unit 93 - Brake Parts 511.000.77.548.68.31.10 443.41 9.5% Sales Tax 511.000.77.548.68.31.10 42.12 Unit 93 - Oil Seal2-292162 Unit 93 - Oil Seal 511.000.77.548.68.31.10 14.50 9.5% Sales Tax 511.000.77.548.68.31.10 1.38 Total :501.41 213735 4/9/2015 026200 OLYMPIC VIEW WATER DISTRICT 0054671 HICKMAN PARK IRRIGATION HICKMAN PARK IRRIGATION 001.000.64.576.80.47.00 17.18 HICKMAN PARK DRINKING FOUNTAIN & SPRINKL0060860 HICKMAN PARK DRINKING FOUNTAIN & 001.000.64.576.80.47.00 89.53 Total :106.71 213736 4/9/2015 072739 O'REILLY AUTO PARTS 9636 Unit 66 - Fuel Cap Unit 66 - Fuel Cap 511.000.77.548.68.31.10 6.22 Unit 133 - V Belt 511.000.77.548.68.31.10 24.09 Unit 45 - Marker Light 511.000.77.548.68.31.10 8.74 Total :39.05 24Page: 04/09/2015 Voucher List City of Edmonds 25 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213737 4/9/2015 002203 OWEN EQUIPMENT COMPANY 00075158 Unit 106 - Relief Valve Unit 106 - Relief Valve 511.000.77.548.68.31.10 401.42 Freight 511.000.77.548.68.31.10 17.75 9.5% Sales Tax 511.000.77.548.68.31.10 39.83 Total :459.00 213738 4/9/2015 074751 PACIFIC COAST MEMORIALS 15-0954 CEMETERY FOUR WHEEL HAND TRUCK CEMETERY FOUR WHEEL HAND TRUCK 130.000.64.536.50.31.00 675.00 Total :675.00 213739 4/9/2015 027060 PACIFIC TOPSOILS 190997 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 96.00 Storm Dump Fees191015 Storm Dump Fees 422.000.72.531.10.49.00 96.00 Storm Dump Fees191023 Storm Dump Fees 422.000.72.531.10.49.00 96.00 Storm Dump Fees191031 Storm Dump Fees 422.000.72.531.10.49.00 96.00 Storm Dump Fees191040 Storm Dump Fees 422.000.72.531.10.49.00 96.00 Total :480.00 213740 4/9/2015 070962 PAULSONS TOWING INC 106834 INV#106834 - EDMONDS PD TOW SUBARU IMPRESA #ATA5379 001.000.41.521.22.41.00 166.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.77 25Page: 04/09/2015 Voucher List City of Edmonds 26 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :181.772137404/9/2015 070962 070962 PAULSONS TOWING INC 213741 4/9/2015 074793 PETDATA INC 4213 INV#4213 - EDMONDS PD - MARCH 2015 82 ONE YR PET LICENSES 001.000.41.521.70.41.00 319.80 2 REPLACEMENT TAGS 001.000.41.521.70.41.00 7.80 4 LATE FEES COLLECTED 001.000.41.521.70.41.00 10.00 Total :337.60 213742 4/9/2015 007800 PETTY CASH Jan1-Apr02 JAN THRU APR02 PETTY CASH Dish Washing Detergent for Dev. 001.000.62.524.10.31.00 5.46 Parking fee for ICS-300 Seminar in 001.000.62.524.20.49.00 40.00 Food for Assessors-Sergeant Assessment 001.000.22.521.10.41.00 47.83 Map pins and fasteners for DS Open House 001.000.62.524.10.31.00 21.79 Mileage and Parking for WABO conference 001.000.62.524.10.43.00 36.18 Total :151.26 213743 4/9/2015 008400 PETTY CASH 1ST QTR 2015 ADM PC 1ST QUARTER 2015 POLICE ADMIN PETTY CASH 4 BREAKFASTS WHILE AT TRAINING 001.000.41.521.40.43.00 29.67 BALLOONS FOR RANGE TRAINING 001.000.41.521.40.31.00 4.36 BALOONS FOR RANGE TRAINING 001.000.41.521.40.31.00 7.63 PARKING - MEETING WITH SNOHOMISH COUNTY 001.000.41.521.21.43.00 3.00 PAPER PLATES FOR RETIREMENT &AWARDS 001.000.41.521.10.31.00 13.90 BREAKFAST AT 3/26/15 SCSPCA BREAKFAST 26Page: 04/09/2015 Voucher List City of Edmonds 27 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213743 4/9/2015 (Continued)008400 PETTY CASH 001.000.41.521.10.43.00 12.00 INDEX DIVIDERS FOR CASE NOTEBOOK 001.000.41.521.10.31.00 13.12 BREAKFAST @ SCSPCA BREAKFAST MEETING 001.000.41.521.10.43.00 30.00 FERRY TO/FM WHIDBEY FOR BACKGROUND 001.000.41.521.10.43.00 16.60 PARKING - E911 MEETING IN EVERETT 001.000.41.521.10.43.00 6.00 FUEL FOR CHIEF'S FLEET CAR 001.000.41.521.10.43.00 10.00 Total :146.28 213744 4/9/2015 062296 PETTY CASH 040715 WWTP - PETTY CASH lab supplies, lighter 423.000.76.535.80.31.31 3.99 key fob replacement 423.000.76.535.80.49.00 72.40 communications, computer usage 423.000.76.535.80.42.00 60.22 facilities, repair 423.000.76.535.80.48.21 16.20 9.5% Sales Tax 423.000.76.535.80.48.21 1.54 9.5% Sales Tax 423.000.76.535.80.31.31 0.38 Total :154.73 213745 4/9/2015 073546 PITNEY BOWES RESERVE ACCOUNT 04082015 REPLENISH POSTAGE METER Replenish Postage Meter 001.000.25.514.30.42.00 8,000.00 Total :8,000.00 213746 4/9/2015 028860 PLATT ELECTRIC SUPPLY INC G146331 WWTP - SUPPLIES, ELECTRIC electric supplies 27Page: 04/09/2015 Voucher List City of Edmonds 28 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213746 4/9/2015 (Continued)028860 PLATT ELECTRIC SUPPLY INC 423.000.76.535.80.31.22 -1,259.11 9.5% Sales Tax 423.000.76.535.80.31.22 -119.62 WWTP - SUPPLIES, ELECTRICG146331a electric supplies 423.000.76.535.80.31.22 1,089.17 9.5% Sales Tax 423.000.76.535.80.31.22 103.47 WWTP - SUPPLIES, ELECTRICG158836 electric supplies 423.000.76.535.80.31.22 1,259.11 9.5% Sales Tax 423.000.76.535.80.31.22 119.62 FAC - PartsG373278 FAC - Parts 001.000.66.518.30.31.00 159.84 9.5% Sales Tax 001.000.66.518.30.31.00 15.18 Fac Maint - PartsG421584 Fac Maint - Parts 001.000.66.518.30.31.00 32.72 9.5% Sales Tax 001.000.66.518.30.31.00 3.11 Library - SuppliesG439896 Library - Supplies 001.000.66.518.30.31.00 100.86 9.5% Sales Tax 001.000.66.518.30.31.00 9.58 Fac Maint - PartsG508648 Fac Maint - Parts 001.000.66.518.30.31.00 380.02 9.5% Sales Tax 001.000.66.518.30.31.00 36.10 Total :1,930.05 28Page: 04/09/2015 Voucher List City of Edmonds 29 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213747 4/9/2015 064088 PROTECTION ONE 2445047 ALARM MONITORING SENIOR CENTER ALARM MONITORING SENIOR CENTER 220 001.000.66.518.30.42.00 116.67 ALARM MONITORING CITY HALL31146525 ALARM MONITORING CITY HALL 121 5TH AVE N 001.000.66.518.30.42.00 46.89 Total :163.56 213748 4/9/2015 046900 PUGET SOUND ENERGY 200000704821 FRANCES ANDERSON CENTER 700 MAIN ST / ME FRANCES ANDERSON CENTER 700 MAIN ST / 001.000.66.518.30.47.00 1,853.12 YOST PARK/POOL 9535 BOWDOIN WAY / METER200002411383 YOST PARK/POOL 9535 BOWDOIN WAY / METER 001.000.64.576.80.47.00 151.92 OLD PUBLIC WORKS 200 DAYTON ST / METER 0200007876143 OLD PUBLIC WORKS 200 DAYTON ST / METER 421.000.74.534.80.47.00 357.50 FIRE STATION # 16 8429 196TH ST SW / MET200009595790 FIRE STATION # 16 8429 196TH ST SW / 001.000.66.518.30.47.00 527.95 FIRE STATION #20 23009 88TH AVE W / METE200011439656 FIRE STATION #20 23009 88TH AVE W / 001.000.66.518.30.47.00 207.60 CIVIC CENTER 250 5TH AVE N / METER 00052200016558856 CIVIC CENTER 250 5TH AVE N / METER 001.000.66.518.30.47.00 612.59 FIRE STATION #17 275 6TH AVE N / METER 0200016815843 FIRE STATION #17 275 6TH AVE N / METER 001.000.66.518.30.47.00 888.20 FLEET MAINTENANCE BAY 21105 72ND AVE W /200017676343 FLEET MAINTENANCE BAY 21105 72ND AVE W 511.000.77.548.68.47.00 358.08 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE R200019375639 MEADOWDALE CLUBHOUSE 6801 N MEADOWDALE 001.000.66.518.30.47.00 279.70 SNO-ISLE LIBRARY 650 MAIN ST / METER 001200019895354 29Page: 04/09/2015 Voucher List City of Edmonds 30 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213748 4/9/2015 (Continued)046900 PUGET SOUND ENERGY SNO-ISLE LIBRARY 650 MAIN ST / METER 001.000.66.518.30.47.00 333.85 PUBLIC WORKS OMC 7110 210TH ST SW / METE200020415911 PUBLIC WORKS OMC 7110 210TH ST SW / 001.000.65.518.20.47.00 28.04 PUBLIC WORKS OMC 7110 210TH ST SW / 111.000.68.542.90.47.00 106.55 PUBLIC WORKS OMC 7110 210TH ST SW / 421.000.74.534.80.47.00 106.55 PUBLIC WORKS OMC 7110 210TH ST SW / 423.000.75.535.80.47.10 106.55 PUBLIC WORKS OMC 7110 210TH ST SW / 511.000.77.548.68.47.00 106.55 PUBLIC WORKS OMC 7110 210TH ST SW / 422.000.72.531.90.47.00 106.57 CITY PARK BUILDING 600 3RD AVE S / METER200024711901 CITY PARK BUILDING 600 3RD AVE S / 001.000.66.518.30.47.00 215.52 Total :6,346.84 213749 4/9/2015 030695 PUMPTECH INC 0092730-IN Sewer - LS 7 Pump 2 - Replacement Pump Sewer - LS 7 Pump 2 - Replacement Pump 423.000.75.594.35.64.00 14,085.00 9.5% Sales Tax 423.000.75.594.35.64.00 1,338.08 Total :15,423.08 213750 4/9/2015 070955 R&R STAR TOWING 97436 INV#97436 - EDMONDS PD TOW 2000 CHEVROLET #AGB4774 001.000.41.521.22.41.00 166.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.77 Total :181.77 213751 4/9/2015 075031 REECE, CARLY 3/24-3/31 GYM ATTEND 3/24-3/31/15 VOLLEYBALL GYM ATTENDANT 30Page: 04/09/2015 Voucher List City of Edmonds 31 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213751 4/9/2015 (Continued)075031 REECE, CARLY 3/24-3/31/15 VOLLEYBALL GYM ATTENDANT 001.000.64.571.25.41.00 70.00 Total :70.00 213752 4/9/2015 075211 ROCKLER WOODWORKING & HARDWARE2789881 Fac Maint - Replacement Table Saw and Fac Maint - Replacement Table Saw and 001.000.66.518.30.35.00 5,594.98 9.5% Sales Tax 001.000.66.518.30.35.00 531.55 Total :6,126.53 213753 4/9/2015 064769 ROMAINE ELECTRIC 5-003688 Fleet - Auto Parts Fleet - Auto Parts 511.000.77.548.68.31.10 200.84 Total :200.84 213754 4/9/2015 069062 RONGERUDE, JOHN 8115 PUBLIC DEFENER FEE PUBLIC DEFENER FEE 001.000.39.512.52.41.00 2,400.00 Total :2,400.00 213755 4/9/2015 071467 S MORRIS COMPANY MAR 2015 INVOICE 3/28/15 ACCT#70014 - EDMONDS PD #161700 4 NPC - 3/05/15 001.000.41.521.70.41.00 46.84 #163673 4 NPC - 3/19/15 001.000.41.521.70.41.00 46.84 Total :93.68 213756 4/9/2015 071979 SACKVILLE, JODI L 03/31/2015 Overtime Refund for sick leave buy back Overtime Refund for sick leave buy back 001.000.41.521.71.11.00 66.80 Overtime Refund for sick leave buy back04/01/2015 Overtime Refund for sick leave buy back 001.000.41.521.71.11.00 100.20 Overtime Refund for sick leave buy back4/1/15 31Page: 04/09/2015 Voucher List City of Edmonds 32 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213756 4/9/2015 (Continued)071979 SACKVILLE, JODI L Overtime Refund for sick leave buy back 001.000.41.521.71.11.00 66.80 Total :233.80 213757 4/9/2015 072725 SAGACITY CUSTOM PUBLISHING 2015-7516-2 WASHINGTON STATE VISITOR'S GUIDE 1/6 SHA Tourism promotion ad in 2015 Washington 120.000.31.575.42.41.40 1,082.50 Total :1,082.50 213758 4/9/2015 066964 SEATTLE AUTOMOTIVE DIST INC S1-565342 Unit 679 - Cylindrical Bearings Unit 679 - Cylindrical Bearings 511.000.77.548.68.31.10 29.98 9.5% Sales Tax 511.000.77.548.68.31.10 2.85 Unit 28 - Knock SensorS1-576230 Unit 28 - Knock Sensor 511.000.77.548.68.31.10 50.61 9.5% Sales Tax 511.000.77.548.68.31.10 4.81 Unit 28 - Knock SensorS1-577313 Unit 28 - Knock Sensor 511.000.77.548.68.31.10 50.61 9.5% Sales Tax 511.000.77.548.68.31.10 4.81 Unit 679 - BatteryS3-557558 Unit 679 - Battery 511.000.77.548.68.31.10 92.91 9.5% Sales Tax 511.000.77.548.68.31.10 8.83 Unit 125 - BatteryS3-557562 Unit 125 - Battery 511.000.77.548.68.31.10 96.24 9.5% Sales Tax 511.000.77.548.68.31.10 9.15 Unit 277 - ATFS3-563833 32Page: 04/09/2015 Voucher List City of Edmonds 33 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213758 4/9/2015 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC Unit 277 - ATF 511.000.77.548.68.31.10 56.40 9.5% Sales Tax 511.000.77.548.68.31.10 5.36 Unit 679 - Oil Seal, Bearing partsS3-564299 Unit 679 - Oil Seal, Bearing parts 511.000.77.548.68.31.10 59.64 9.5% Sales Tax 511.000.77.548.68.31.10 5.67 Unit 679 - Bearings, Oil SealS3-564726 Unit 679 - Bearings, Oil Seal 511.000.77.548.68.31.10 40.18 9.5% Sales Tax 511.000.77.548.68.31.10 3.82 Unit 123 - Fan BeltsS3-565809 Unit 123 - Fan Belts 511.000.77.548.68.31.10 53.11 9.5% Sales Tax 511.000.77.548.68.31.10 5.04 Fleet - ReturnsS3-565844 Fleet - Returns 511.000.77.548.68.31.10 -59.64 9.5% Sales Tax 511.000.77.548.68.31.10 -5.67 Unit 452 - ATFS3-569249 Unit 452 - ATF 511.000.77.548.68.31.10 51.24 9.5% Sales Tax 511.000.77.548.68.31.10 4.87 Unit 450 - Window Control SwitchS3-569365 Unit 450 - Window Control Switch 511.000.77.548.68.31.10 58.08 9.5% Sales Tax 511.000.77.548.68.31.10 5.52 33Page: 04/09/2015 Voucher List City of Edmonds 34 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213758 4/9/2015 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC Unit 43 - StarterS3-569482 Unit 43 - Starter 511.000.77.548.68.31.10 184.03 9.5% Sales Tax 511.000.77.548.68.31.10 17.48 Unit 379 - Oil Seals, BearingsS3-570734 Unit 379 - Oil Seals, Bearings 511.000.77.548.68.31.10 35.08 9.5% Sales Tax 511.000.77.548.68.31.10 3.33 Unit 791 - Camshaft Position SensorS3-576186 Unit 791 - Camshaft Position Sensor 511.000.77.548.68.31.10 30.79 9.5% Sales Tax 511.000.77.548.68.31.10 2.92 Unit 15 - Beam Wiper BladesS3-578886 Unit 15 - Beam Wiper Blades 511.000.77.548.68.31.10 59.90 9.5% Sales Tax 511.000.77.548.68.31.10 5.68 Unit 28 - CoilS3-579236 Unit 28 - Coil 511.000.77.548.68.31.10 38.60 9.5% Sales Tax 511.000.77.548.68.31.10 3.67 Unit 28 - Fuel Injector, Seal KitsS3-579429 Unit 28 - Fuel Injector, Seal Kits 511.000.77.548.68.31.10 232.56 9.5% Sales Tax 511.000.77.548.68.31.10 22.10 Unit 35 - Rotor AssemblyS3-582473 Unit 35 - Rotor Assembly 511.000.77.548.68.31.10 180.82 9.5% Sales Tax 34Page: 04/09/2015 Voucher List City of Edmonds 35 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213758 4/9/2015 (Continued)066964 SEATTLE AUTOMOTIVE DIST INC 511.000.77.548.68.31.10 17.17 Fleet ReturnsS3-583372 Fleet Returns 511.000.77.548.68.31.10 -542.82 9.5% Sales Tax 511.000.77.548.68.31.10 -51.56 Unit 35 - Hub Assembly, Brake Pads KitS3-583396 Unit 35 - Hub Assembly, Brake Pads Kit 511.000.77.548.68.31.10 394.40 9.5% Sales Tax 511.000.77.548.68.31.10 37.47 Unit 35 - Rotor AssemblyS3-584605 Unit 35 - Rotor Assembly 511.000.77.548.68.31.10 180.82 9.5% Sales Tax 511.000.77.548.68.31.10 17.17 Unit 28 - Steering ShaftS5-581499 Unit 28 - Steering Shaft 511.000.77.548.68.31.10 58.37 9.5% Sales Tax 511.000.77.548.68.31.10 5.54 Total :1,567.94 213759 4/9/2015 074997 SEITEL SYSTEMS, LLC 26096 14108-SUPPORT MAR 2015 WORK COMPLETED 14108-Support March 2015 work completed 001.000.31.518.88.41.00 2,550.00 Total :2,550.00 213760 4/9/2015 068489 SIRENNET.COM 0183616-IN Unit E100PO - Amber Light Unit E100PO - Amber Light 511.100.77.594.48.64.00 291.96 Freight 511.100.77.594.48.64.00 16.61 Unit E100PO - Windows, Panels, Seat,0183643-IN Unit E100PO - Windows, Panels, Seat, 35Page: 04/09/2015 Voucher List City of Edmonds 36 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213760 4/9/2015 (Continued)068489 SIRENNET.COM 511.100.77.594.48.64.00 2,280.00 Freight 511.100.77.594.48.64.00 497.19 Total :3,085.76 213761 4/9/2015 036950 SIX ROBBLEES INC 14-302313 Unit 14 - Supplies Unit 14 - Supplies 511.000.77.548.68.31.10 39.55 9.5% Sales Tax 511.000.77.548.68.31.10 3.76 Fleet Shop Supplies14-302486 Fleet Shop Supplies 511.000.77.548.68.31.20 133.11 9.5% Sales Tax 511.000.77.548.68.31.20 12.65 Total :189.07 213762 4/9/2015 071725 SKAGIT GARDENS INC 52228979 PM FLOWER PROGRAM PLANTS PM FLOWER PROGRAM PLANTS 125.000.64.576.80.31.00 2,130.35 9.5% Sales Tax 125.000.64.576.80.31.00 202.38 Total :2,332.73 213763 4/9/2015 036955 SKY NURSERY T-0475864 PM FLOWERS FOR BASKETS PM FLOWERS FOR BASKETS 001.000.64.576.81.31.00 271.32 9.5% Sales Tax 001.000.64.576.81.31.00 25.78 Total :297.10 213764 4/9/2015 037303 SNO CO FIRE DIST # 1 Q2-2015 Q2-2015 FIRE SERVICES CONTRACT & RETRO P Q2-2015 Fire Services Contract Payment 001.000.39.522.20.51.00 1,776,042.50 Retro Payment #2 for 2013-2014 Labor 36Page: 04/09/2015 Voucher List City of Edmonds 37 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213764 4/9/2015 (Continued)037303 SNO CO FIRE DIST # 1 001.000.39.522.20.51.00 200,507.60 Total :1,976,550.10 213765 4/9/2015 066754 SNO CO PUBLIC WORKS I000381506 E5CA/E4CA.SERVICES THRU 2/28/15 E5CA.Services thru 2/28/15 112.200.68.595.33.41.00 10,096.24 E4CA.Services thru 2/28/15 112.200.68.595.33.65.00 61,473.25 Total :71,569.49 213766 4/9/2015 037375 SNO CO PUD NO 1 2001-2487-3 TRAFFIC LIGHT 9933 100TH AVE W / METER 1 TRAFFIC LIGHT 9933 100TH AVE W / METER 111.000.68.542.64.47.00 67.03 CLUBHOUSE 6801 MEADOWDALE RD / METER 1002003-8645-6 CLUBHOUSE 6801 MEADOWDALE RD / METER 001.000.66.518.30.47.00 134.38 FRANCES ANDERSON CENTER 700 MAIN ST / ME2004-2241-8 FRANCES ANDERSON CENTER 700 MAIN ST / 001.000.66.518.30.47.00 2,748.85 TRAFFIC LIGHT 23800 FIRDALE AVE / METER2011-0356-1 TRAFFIC LIGHT 23800 FIRDALE AVE / METER 111.000.68.542.64.47.00 61.45 LIFT STATION #12 16121 75TH PL W / METE2012-6598-0 LIFT STATION #12 16121 75TH PL W / 423.000.75.535.80.47.10 397.92 PINE ST PARK2013-2711-1 PINE ST PARK 001.000.64.576.80.47.00 31.27 LIFT STATION #11 6811 1/2 157TH PL W / M2013-7496-4 LIFT STATION #11 6811 1/2 157TH PL W / 423.000.75.535.80.47.10 39.93 CEMETERY BUILDING2015-5730-3 CEMETERY BUILDING 001.000.64.576.80.47.00 284.09 TRAFFIC LIGHT 660 EDMONDS WAY / METER 102015-6343-4 37Page: 04/09/2015 Voucher List City of Edmonds 38 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213766 4/9/2015 (Continued)037375 SNO CO PUD NO 1 TRAFFIC LIGHT 660 EDMONDS WAY / METER 111.000.68.542.64.47.00 48.62 LIFT STATION #15 7710 168TH PL SW / METE2015-9448-8 LIFT STATION #15 7710 168TH PL SW / 423.000.75.535.80.47.10 38.11 OVERHEAD STREET LIGHTING AT CEMETERY2016-1027-6 OVERHEAD STREET LIGHTING AT CEMETERY 001.000.64.576.80.47.00 15.95 DECORATIVE LIGHTING 413 MAIN ST / METER2016-5690-7 DECORATIVE LIGHTING 413 MAIN ST / METER 111.000.68.542.63.47.00 171.85 PEDEST CAUTION LIGHT 23190 100TH AVE W /2017-0375-8 PEDEST CAUTION LIGHT 23190 100TH AVE W 111.000.68.542.64.47.00 51.73 STREET LIGHTING (183 LIGHTS @ 150W) / NO2017-1178-5 STREET LIGHTING (183 LIGHTS @ 150W) / 111.000.68.542.63.47.00 915.08 WWTP FLOW METER 9805 EDMONDS WAY / METER2019-9517-2 WWTP FLOW METER 9805 EDMONDS WAY / 423.000.76.535.80.47.62 31.27 CEMETERY WELL PUMP2021-6153-5 CEMETERY WELL PUMP 001.000.64.576.80.47.00 146.85 LOG CABIN & DECORATIVE LIGHTING 120 5TH2024-2158-2 LOG CABIN & DECORATIVE LIGHTING 120 5TH 001.000.66.518.30.47.00 249.69 STREET LIGHTING (303 LIGHTS @ 200W) / NO2025-2918-6 STREET LIGHTING (303 LIGHTS @ 200W) / 111.000.68.542.63.47.00 2,715.01 STREET LIGHTING (13 LIGHTS @ 400W) / NOT2025-2920-2 STREET LIGHTING (13 LIGHTS @ 400W) / 111.000.68.542.63.47.00 116.09 STREET LIGHTING (2029 LIGHTS @ 100W) / N2025-7615-3 STREET LIGHTING (2029 LIGHTS @ 100W) / 111.000.68.542.63.47.00 14,668.00 38Page: 04/09/2015 Voucher List City of Edmonds 39 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213766 4/9/2015 (Continued)037375 SNO CO PUD NO 1 STREET LIGHTING (58 LIGHTS @ 250W) / NOT2025-7948-8 STREET LIGHTING (58 LIGHTS @ 250W) / 111.000.68.542.63.47.00 337.50 WWTP ENERGY MANAGEMENT SERVICE / NOT MET2025-7952-0 WWTP ENERGY MANAGEMENT SERVICE / NOT 423.000.76.535.80.47.61 8.77 CHARGE STATION #1 552 MAIN ST / METER 102042-9221-3 CHARGE STATION #1 552 MAIN ST / METER 111.000.68.542.64.47.00 137.84 STREET LIGHTING (1 LIGHT @ 150W) / NOT M2047-1489-3 STREET LIGHTING (1 LIGHT @ 150W) / NOT 111.000.68.542.63.47.00 3.75 STREET LIGHTING (18 LIGHTS @ 200W) / NOT2047-1492-7 STREET LIGHTING (18 LIGHTS @ 200W) / 111.000.68.542.63.47.00 83.38 STREET LIGHTING (5 LIGHTS @ 400W) / NOT2047-1493-5 STREET LIGHTING (5 LIGHTS @ 400W) / NOT 111.000.68.542.63.47.00 43.94 STREET LIGHTING (2 LIGHTS @ 100W) / NOT2047-1494-3 STREET LIGHTING (2 LIGHTS @ 100W) / NOT 111.000.68.542.63.47.00 11.15 STREET LIGHTING (26 LIGHTS @ 250W) / NOT2047-1495-0 STREET LIGHTING (26 LIGHTS @ 250W) / 111.000.68.542.63.47.00 151.58 Total :23,711.08 213767 4/9/2015 037376 SNO CO PUD NO 1 205261514 CITY PARK AMP FEE, UNDERGR INSPECT & CON CITY PARK AMP FEE, UNDERGR INSPECT & 132.000.64.594.76.65.00 10,417.00 Total :10,417.00 213768 4/9/2015 063941 SNO CO SHERIFFS OFFICE 2015-2393 INV#2015-2393 - EDMONDS PD 325.5 HOUSING @84.00 -01/15 001.000.39.523.60.51.00 27,342.00 46.17 BOOKINGS @115 - 01/15 39Page: 04/09/2015 Voucher List City of Edmonds 40 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213768 4/9/2015 (Continued)063941 SNO CO SHERIFFS OFFICE 001.000.39.523.60.51.00 5,309.55 41.5 MEDICAL/PREM @48.50 - 01/15 001.000.39.523.60.51.00 2,012.75 49 MENTAL HOUSING @117 - 01/15 001.000.39.523.60.51.00 5,733.00 11.5 VIDEO COURT @ $115.50 - 01/15 001.000.39.523.60.51.00 1,328.25 INV 2015-2430 EDMONDS PD - JAIL MEDICAL2015-2430 INMATE MEDICATION FEB 2015 001.000.39.523.60.31.00 43.14 Total :41,768.69 213769 4/9/2015 037521 SNO CO TREASURER 00479000100302 2015 FIRST HALF SURFACE WATER TAX 2015 Surface Water Charges - 23009 88th 001.000.66.518.30.47.00 199.07 Total :199.07 213770 4/9/2015 067609 SNOHOMISH COUNTY CITIES 04032015 SNOHOMISH COUNTY CITIES SCC monthly dinner meeting -- March 001.000.21.513.10.49.00 35.00 SCC Dinner Mtg Council President3/19/2015 SCC Dinner Mtg Council President 001.000.11.511.60.43.00 70.00 Total :105.00 213771 4/9/2015 070167 SNOHOMISH COUNTY TREASURER March 2015 Crime Victims Court Remittance Crime Victims Court Remittance 001.000.237.140 872.07 Total :872.07 213772 4/9/2015 038300 SOUND DISPOSAL CO 103583 CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 550.68 WWTP 200 2ND AVE S / RECYCLING103584 WWTP 200 2ND AVE S / RECYCLING 40Page: 04/09/2015 Voucher List City of Edmonds 41 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213772 4/9/2015 (Continued)038300 SOUND DISPOSAL CO 423.000.76.535.80.47.66 29.95 FRANCES ANDERSON CENTER 700 MAIN ST103585 FRANCES ANDERSON CENTER 700 MAIN ST 001.000.66.518.30.47.00 674.47 SNO-ISLE LIBRARY 650 MAIN ST103586 SNO-ISLE LIBRARY 650 MAIN ST 001.000.66.518.30.47.00 555.23 PARKS MAINT GARBAGE AND RECYCLING103587 PARKS MAINT GARBAGE AND RECYCLING 001.000.64.576.80.47.00 702.23 CITY HALL 121 5TH AVE N103588 CITY HALL 121 5TH AVE N 001.000.66.518.30.47.00 459.89 Total :2,972.45 213773 4/9/2015 038410 SOUND SAFETY PRODUCTS 4250307-01 Fac Maint - Work Jeans (5), Overalls, Fac Maint - Work Jeans (5), Overalls, 001.000.66.518.30.24.00 367.65 9.5% Sales Tax 001.000.66.518.30.24.00 34.93 Water - Work Jeans (5) K Kuhnhausen4250352-01 Water - Work Jeans (5) K Kuhnhausen 421.000.74.534.80.24.00 228.50 9.5% Sales Tax 421.000.74.534.80.24.00 21.71 Total :652.79 213774 4/9/2015 074990 STANTEC CONSULTING SERVICES 894866 E4JB.SERVICES THRU 2/28/15 E4JB.Services thru 2/28/15 421.000.74.594.34.41.10 34,270.49 Total :34,270.49 213775 4/9/2015 046200 STATE OF WASHINGTON Q1-15 Leasehold Tax Q1-15 LEASEHOLD TAX LIABILITY Q1-15 LEASEHOLD TAX LIABILITY 001.000.237.220 5,592.65 41Page: 04/09/2015 Voucher List City of Edmonds 42 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :5,592.652137754/9/2015 046200 046200 STATE OF WASHINGTON 213776 4/9/2015 071585 STERICYCLE INC 3002977725 INV#3002977725 CUST#6076358 - EDMONDS PD MINIMUM MONTHLY CHARGE 001.000.41.521.80.41.00 10.00 9.5% Sales Tax 001.000.41.521.80.41.00 0.36 Total :10.36 213777 4/9/2015 074570 STULLER, PAM BID-032615 REIMBURSEMENT FOR DEPOSIT ON UMBRELLAS Reimbursement for umbrella deposit 140.000.61.558.70.31.00 2,700.00 Total :2,700.00 213778 4/9/2015 040917 TACOMA SCREW PRODUCTS INC 11442144 Fleet Shop Supplies Fleet Shop Supplies 511.000.77.548.68.31.20 26.44 9.5% Sales Tax 511.000.77.548.68.31.20 2.51 Total :28.95 213779 4/9/2015 074865 TALLMAN, TRENT 3/24-3/31 FIELD ATT 3/24-3/31/15 SOFTBALL FIELD ATTENDANT 3/24-3/31/15 SOFTBALL FIELD ATTENDANT 001.000.64.571.25.41.00 147.50 Total :147.50 213780 4/9/2015 040916 TC SPAN AMERICA 69909 Sewer - 4 Work Blue Shirts w/City Logo Sewer - 4 Work Blue Shirts w/City Logo 423.000.75.535.80.24.00 139.80 9.5% Sales Tax 423.000.75.535.80.24.00 13.29 Total :153.09 213781 4/9/2015 027269 THE PART WORKS INC 401884 PM FAUCET WALL MOUNT PM FAUCET WALL MOUNT 001.000.64.576.80.31.00 208.22 9.5% Sales Tax 42Page: 04/09/2015 Voucher List City of Edmonds 43 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213781 4/9/2015 (Continued)027269 THE PART WORKS INC 001.000.64.576.80.31.00 19.78 Total :228.00 213782 4/9/2015 066628 THE SUPPLY COMPANY LLC 002070S Unit 35 - 4" Red LED Lights Unit 35 - 4" Red LED Lights 511.000.77.548.68.31.10 72.00 Total :72.00 213783 4/9/2015 038315 THYSSENKRUPP ELEVATOR 3001759936 ELEVATOR MAINTENANCE SENIOR CENTER ELEVATOR MAINTENANCE SENIOR CENTER 220 001.000.66.518.30.48.00 250.66 001.000.66.518.30.48.00 23.81 ELEVATOR PHONE MONITORING SENIOR CENTER3001760028 ELEVATOR PHONE MONITORING SENIOR CENTER 001.000.66.518.30.48.00 15.44 ELEVATOR PHONE MONITORING CIVIC CENTER3001760092 ELEVATOR PHONE MONITORING CIVIC CENTER 001.000.66.518.30.48.00 51.31 City Hall - Replace Pit Stop Switch6000122829 City Hall - Replace Pit Stop Switch 001.000.66.518.30.48.00 1,222.70 9.5% Sales Tax 001.000.66.518.30.48.00 116.16 ELEVATOR MAINTENANCE MUSEUMUS53022 ELEVATOR MAINTENANCE MUSEUM 118 5TH AVE 001.000.66.518.30.48.00 346.04 9.5% Sales Tax 001.000.66.518.30.48.00 32.87 ELEVATOR MAINTENANCE CITY HALLUS53323 ELEVATOR MAINTENANCE CITY HALL 121 5TH 001.000.66.518.30.48.00 1,249.47 001.000.66.518.30.48.00 118.70 43Page: 04/09/2015 Voucher List City of Edmonds 44 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,427.162137834/9/2015 038315 038315 THYSSENKRUPP ELEVATOR 213784 4/9/2015 073255 TOTAL FILTRATION SERVICES, INC PSV1326816 Boys and Girls Club - Air Filters Boys and Girls Club - Air Filters 001.000.66.518.30.31.00 142.57 9.5% Sales Tax 001.000.66.518.30.31.00 13.54 Total :156.11 213785 4/9/2015 042800 TRI-CITIES SECURITY 21324 FAC - File lock and supplies FAC - File lock and supplies 001.000.66.518.30.31.00 42.75 9.5% Sales Tax 001.000.66.518.30.31.00 4.06 Total :46.81 213786 4/9/2015 064423 USA BLUE BOOK 598160 Water - Parts Water - Parts 421.000.74.534.80.31.00 426.93 Freight 421.000.74.534.80.31.00 35.58 9.5% Sales Tax 421.000.74.534.80.31.00 43.94 Total :506.45 213787 4/9/2015 044960 UTILITIES UNDERGROUND LOC CTR 5030122 UTILITIES UNDERGROUND LOCATION CENTER UTILITIES UNDERGROUND LOCATION CENTER 421.000.74.534.80.41.00 70.67 UTILITIES UNDERGROUND LOCATION CENTER 422.000.72.531.90.41.00 70.67 UTILITIES UNDERGROUND LOCATION CENTER 423.000.75.535.80.41.00 72.80 Total :214.14 213788 4/9/2015 067865 VERIZON WIRELESS 9742733903 C/A 571242650-0001 iPhone/iPad Cell Service Bld Dept 44Page: 04/09/2015 Voucher List City of Edmonds 45 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213788 4/9/2015 (Continued)067865 VERIZON WIRELESS 001.000.62.524.20.42.00 220.42 iPhone/iPad Cell Service City Clerk 001.000.25.514.30.42.00 55.99 iPad Cell Service Council 001.000.11.511.60.42.00 300.10 iPhone/iPad Cell Service Court 001.000.23.512.50.42.00 75.98 iPhone/iPad Cell Service Development 001.000.62.524.10.42.00 95.20 iPhone/iPad Cell Service Econ 001.000.61.557.20.42.00 75.21 iPhone/iPad Cell Service Engineering 001.000.67.532.20.42.00 503.55 iPhone/iPad Cell Service Facilities 001.000.66.518.30.42.00 110.38 iPhone/iPad Cell Service Finance 001.000.31.514.23.42.00 95.20 iPhone/iPad Cell Service HR 001.000.22.518.10.42.00 95.20 iPhone/iPad Cell Service IS 001.000.31.518.88.42.00 286.38 iPhone/iPad Cell Service Mayor's Office 001.000.21.513.10.42.00 40.01 iPhone/iPad Cell Service Parks Dept 001.000.64.571.21.42.00 95.20 iPhone/iPad Cell Service Police Dept 001.000.41.521.22.35.00 247.72 iPhone/iPad Cell Service Police Dept 001.000.41.521.22.42.00 862.47 Air cards Police Dept 001.000.41.521.22.42.00 771.94 iPhone/iPad Cell Service Planning Dept 001.000.62.558.60.42.00 40.01 iPhone/iPad Cell Service PW Admin 45Page: 04/09/2015 Voucher List City of Edmonds 46 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213788 4/9/2015 (Continued)067865 VERIZON WIRELESS 001.000.65.518.20.42.00 26.59 iPhone/iPad Cell Service PW Admin 421.000.74.534.80.42.00 7.60 iPhone/iPad Cell Service PW Admin 422.000.72.531.90.42.00 26.59 iPhone/iPad Cell Service PW Admin 423.000.75.535.80.42.00 7.60 iPhone/iPad Cell Service PW Admin 423.000.76.535.80.42.00 7.60 iPhone/iPad Cell Service PW Street Dept 111.000.68.542.90.42.00 115.99 iPhone/iPad Cell Service PW Fleet 511.000.77.548.68.42.00 55.19 iPhone/iPad Cell Service PW Water/Sewer 421.000.74.534.80.42.00 129.20 iPhone/iPad Cell Service PW Water/Sewer 423.000.75.535.80.42.00 129.20 iPhone/iPad Cell Service PW Water/Sewer 421.000.74.534.80.35.00 580.34 iPhone/iPad Cell Service PW Water/Sewer 423.000.75.535.80.35.00 580.33 iPhone/iPad Cell Service Sewer Dept 423.000.75.535.80.42.00 205.24 iPhone/iPad Cell Service Water 421.000.74.534.80.42.00 245.25 iPad Cell Service Storm 422.000.72.531.90.42.00 120.03 iPhone/iPad Cell Service WWTP 423.000.76.535.80.42.00 162.72 C/A 772540262-000019742859126 Lift Station access 001.000.31.518.88.42.00 85.50 Total :6,455.93 46Page: 04/09/2015 Voucher List City of Edmonds 47 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213789 4/9/2015 064858 VISITORS GUIDE PUBLICATIONS 15-106 TOURISM PROMOTION AD SNO HO CO VISITOR G Tourism promotion ad in 2015 Sno Co 120.000.31.575.42.41.40 2,395.00 Total :2,395.00 213790 4/9/2015 068259 WA ST CRIMINAL JUSTICE 20114879 INV 20114879 EDMONDS PD - SHIER ADV. COLLISION INVESTIGATION - SHIER 001.000.41.521.40.49.00 100.00 Total :100.00 213791 4/9/2015 047605 WA ST TREASURER 1ST QTR 2015 EDMONDS FORFEITURES - 1ST QTR 2015 1ST QTR/PROCEEDS/DRUG 104.000.237.100 557.65 1ST QTR/PROCEEDS/NON DRUG 001.000.237.240 90.00 Total :647.65 213792 4/9/2015 075154 WALTER E NELSON CO 481046 Fac Maint - Hand Soap, Towels, TT, Fac Maint - Hand Soap, Towels, TT, 001.000.66.518.30.31.00 368.08 9.5% Sales Tax 001.000.66.518.30.31.00 34.97 Fac Maint - Towels481345 Fac Maint - Towels 001.000.66.518.30.31.00 32.94 9.5% Sales Tax 001.000.66.518.30.31.00 3.13 Total :439.12 213793 4/9/2015 065035 WASHINGTON STATE PATROL I15007155 INV#I15007155 EDM301 - EDMONDS PD BACKGROUND CHECKS - MAR 2015 001.000.237.100 236.00 Total :236.00 213794 4/9/2015 073552 WELCO SALES LLC 6634 INV#6634 - EDMONDS PD RECRUITING BROCHURES 47Page: 04/09/2015 Voucher List City of Edmonds 48 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213794 4/9/2015 (Continued)073552 WELCO SALES LLC 001.000.41.521.10.31.00 19.00 SET UP FEE 001.000.41.521.10.31.00 25.00 9.5% Sales Tax 001.000.41.521.10.31.00 4.18 INV#6645 - EDMONDS PD6645 PRINTING 4 NEW CARDS 001.000.41.521.10.31.00 81.00 SET UP OF 3 NAMES (1 BLANK) 001.000.41.521.10.31.00 36.00 9.5% Sales Tax 001.000.41.521.10.31.00 11.12 Total :176.30 213795 4/9/2015 074609 WEST COAST ARMORY NORTH 15 INV#15 CUST#EPD - EDMONDS PD RANGE USAGE HWANG 3/1/15 001.000.41.521.40.41.00 13.70 RANGE USAGE D. SMITH 3/12/15 001.000.41.521.40.41.00 13.70 9.5% Sales Tax 001.000.41.521.40.41.00 2.60 Total :30.00 213796 4/9/2015 065535 WESTERN FACILITIES SUPPLY 439893-00 INV#439893-00 CUST#701480 - EDMONDS PD 68LINER# - BLACK CAN LINER 001.000.41.521.70.31.00 125.34 FUEL SURCHARGE 001.000.41.521.70.31.00 4.00 9.5% Sales Tax 001.000.41.521.70.31.00 12.29 Total :141.63 213797 4/9/2015 072634 WHISTLE WORKWEAR 80796 WWTP - 2015 UNIFORMS, BRIAN FUNK 2015 Uniform, Brian Funk 423.000.76.535.80.24.00 147.44 48Page: 04/09/2015 Voucher List City of Edmonds 49 11:41:10AM Page:vchlist Bank code :usbank Voucher Date Vendor Invoice PO #Description/Account Amount 213797 4/9/2015 (Continued)072634 WHISTLE WORKWEAR 9.2% Sales Tax 423.000.76.535.80.24.00 13.56 Total :161.00 213798 4/9/2015 064213 WSSUA TREASURER 235 MARCH SOFTBALL OFFICIALS MARCH SOFTBALL OFFICIALS 001.000.64.571.25.41.00 594.00 Total :594.00 Bank total : 2,318,771.45148 Vouchers for bank code :usbank 2,318,771.45Total vouchers :Vouchers in this report148 49Page: PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STM 190th Pl SW Wall Construction c428 E3FF STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 E0JA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 2014 Chip Seals c451 E4CB STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STR 2014 Overlay Program c438 E4CA STR 2014 Waterline Overlays c452 E4CC WTR 2014 Waterline Replacement Program c422 E4JA STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STR 2015 Overlay Program c463 E5CA SWR 2015 Sewerline Replacement Project c441 E4GA STR 2015 Traffic Calming c471 E5AB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA WTR 2016-17 Waterline Replacement Projects c468 E5JA STR 220 7th Ave N Sidewalk c421 E3DA STR 220th Street Overlay Project c462 E4CD WTR 224th Waterline Relocation (2013)c418 E3JB Revised 4/8/2015 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 E0IA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB STR Citywide Safety Improvements c404 E2AC SWR City-Wide Sewer Improvements c301 E8GD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC ESCO III Project c419 E3LB WTR Five Corners Reservoir Re-coating c473 E5KA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA FAC Frances Anderson Center Accessibility Upgrades c393 E3LA STR Hwy 99 Enhancements (Phase III)c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM LID Retrofits Perrinville Creek Basin c434 E4FB Revised 4/8/2015 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 E8MB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements (2003)c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1FD FAC Public Safety Controls System Upgrades c444 E4LA STR School Zone Flashing Beacon/Lighting Grant c420 E3AA PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 E0LB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB STR SR104 Corridor Transportation Study c427 E3AB General SR104 Telecommunications Conduit Crossing c372 E1EA STR SR104/City Park Mid-Block Crossing c454 E4DB General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH Revised 4/8/2015 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STR Trackside Warning System c470 E5AA ENG Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB STM Video Assessment of Stormwater Lines c459 E4FF Revised 4/8/2015 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E0AA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM E0FC c326 Stormwater GIS Support WTR E0IA c324 AWD Intertie and Reservoir Improvements WTR E0JA c363 2010 Waterline Replacement Program FAC E0LA c327 Edmonds Museum Exterior Repairs Project FAC E0LB c332 Senior Center Roof Repairs STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General E1EA c372 SR104 Telecommunications Conduit Crossing STM E1FD c339 Public Facilities Water Quality Upgrades STM E1FF c341 Storm Contribution to Transportation Projects STM E1FH c349 Stormwater Development Review Support (NPDES Capacity) STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement WTR E1GB c370 Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR E1JB c344 76th Ave W Waterline Extension with Lynnwood WTR E1JC c345 Edmonds General Facilities Charge Study WTR E1JD c346 PRV Station 11 and 12 Abandonment WTR E1JE c340 2012 Waterline Replacement Program WTR E1JK c375 Main Street Watermain STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project STR E2AC c404 Citywide Safety Improvements STR E2AD c405 Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlay Program WTR E2CB c389 Pioneer Way Road Repair STR E2CC c399 5th Ave Overlay Project PM E2DB c146 Interurban Trail STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM E2FD c381 Lake Ballinger Associated Projects 2012 Revised 4/8/2015 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STM E2FE c382 2012 Citywide Storm Drainage Improvements SWR E2GA c369 2012 Sanitary Sewer Comp Plan Update SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR E3AA c420 School Zone Flashing Beacon/Lighting Grant STR E3AB c427 SR104 Corridor Transportation Study STR E3DA c421 220 7th Ave N Sidewalk STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FA c406 2013 Citywide Drainage Replacement STM E3FB c407 2013 Lake Ballinger Basin Study & Associated Projects STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FD c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E3FE c410 Northstream Pipe Abandonment on Puget Drive STM E3FF c428 190th Pl SW Wall Construction STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements SWR E3GA c398 2013 Sewerline Replacement Project SWR E3GB c142 OVD Sewer Lateral Improvements WTR E3JA c397 2013 Waterline Replacement Program WTR E3JB c418 224th Waterline Relocation (2013) WTR E3JB c141 OVD Watermain Improvements (2003) FAC E3LA c393 Frances Anderson Center Accessibility Upgrades FAC E3LB c419 ESCO III Project STR E4CA c438 2014 Overlay Program STR E4CB c451 2014 Chip Seals STR E4CC c452 2014 Waterline Overlays STR E4CD c462 220th Street Overlay Project ENG E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid-Block Crossing STM E4FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station Revised 4/8/2015 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STM E4FF c459 Video Assessment of Stormwater Lines SWR E4GA c441 2015 Sewerline Replacement Project SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR E4JA c422 2014 Waterline Replacement Program WTR E4JB c440 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update FAC E4LA c444 Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park FAC E4MB c443 Edmonds Fishing Pier Rehab STR E5AA c470 Trackside Warning System STR E5AB c471 2015 Traffic Calming STR E5CA c463 2015 Overlay Program STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects SWR E5GA c469 2016-17 Sanitary Sewer Replacement Projects WTR E5JA c468 2016-17 Waterline Replacement Projects WTR E5KA c473 Five Corners Reservoir Re-coating STR E6DA c245 76th Avenue West/75th Place West Walkway Project STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements STR E7CB c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR E8GD c301 City-Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project STM E9FB c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design PM E9MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 4/8/2015 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c141 E3JB OVD Watermain Improvements (2003) SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STR c245 E6DA 76th Avenue West/75th Place West Walkway Project STR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STR c265 E7AA Main Street Lighting and Sidewalk Enhancements STR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 E8MA Fourth Avenue Cultural Corridor PM c290 E8MB Marina Beach Additional Parking STR c294 E9CA 2009 Street Overlay Program SWR c298 E8GA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c301 E8GD City-Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 E0IA AWD Intertie and Reservoir Improvements STM c326 E0FC Stormwater GIS Support FAC c327 E0LA Edmonds Museum Exterior Repairs Project STR c329 E0AA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 E0LB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c339 E1FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement STM c349 E1FH Stormwater Development Review Support (NPDES Capacity) Revised 4/8/2015 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c354 E1DA Sunset Walkway Improvements WTR c363 E0JA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 E1EA SR104 Telecommunications Conduit Crossing STM c374 E1FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project FAC c393 E3LA Frances Anderson Center Accessibility Upgrades WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project STR c399 E2CC 5th Ave Overlay Project STR c404 E2AC Citywide Safety Improvements STR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 E3FA 2013 Citywide Drainage Replacement STM c407 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 E3FD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 E3FE Northstream Pipe Abandonment on Puget Drive PRK c417 E4MA City Spray Park WTR c418 E3JB 224th Waterline Relocation (2013) FAC c419 E3LB ESCO III Project STR c420 E3AA School Zone Flashing Beacon/Lighting Grant Revised 4/8/2015 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title STR c421 E3DA 220 7th Ave N Sidewalk WTR c422 E4JA 2014 Waterline Replacement Program STR c423 E3DB 238th St. SW Walkway (100th Ave to 104th Ave) STR c424 E3DC 15th St. SW Walkway (Edmonds Way to 8th Ave) STR c425 E3DD 236th St. SW Walkway (Edmonds Way to Madrona School) STR c426 E3DE ADA Curb Ramp Upgrades along 3rd Ave S STR c427 E3AB SR104 Corridor Transportation Study STM c428 E3FF 190th Pl SW Wall Construction STM c429 E3FG Storm Drainage Improvements - 88th & 194th STM c430 E3FH SW Edmonds-105th/106th Ave W Storm Improvements STM c433 E4FA 2014 Drainage Improvements STM c434 E4FB LID Retrofits Perrinville Creek Basin STM c435 E4FC 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM c436 E4FD 2014 Lake Ballinger Associated Projects STR c438 E4CA 2014 Overlay Program WTR c440 E4JB 2015 Waterline Replacement Program SWR c441 E4GA 2015 Sewerline Replacement Project FAC c443 E4MB Edmonds Fishing Pier Rehab FAC c444 E4LA Public Safety Controls System Upgrades WWTP c446 E4HA Sewer Outfall Groundwater Monitoring STR c451 E4CB 2014 Chip Seals STR c452 E4CC 2014 Waterline Overlays ENG c453 E4DA Train Trench - Concept STR c454 E4DB SR104/City Park Mid-Block Crossing STM c455 E4FE Dayton Street Stormwater Pump Station SWR c456 E4GB Citywide CIPP Sewer Rehab Phase I STM c459 E4FF Video Assessment of Stormwater Lines WTR c460 E4JC 2016 Water Comp Plan Update SWR c461 E4GC Lift Station #1 Basin & Flow Study STR c462 E4CD 220th Street Overlay Project STR c463 E5CA 2015 Overlay Program STM c466 E5FA 2015 Citywide Drainage Improvements/Rehab Projects STM c467 E5FB Update Stormwater Management Code & Associated Projects WTR c468 E5JA 2016-17 Waterline Replacement Projects Revised 4/8/2015 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title SWR c469 E5GA 2016-17 Sanitary Sewer Replacement Projects STR c470 E5AA Trackside Warning System STR c471 E5AB 2015 Traffic Calming WTR c473 E5KA Five Corners Reservoir Re-coating STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 4/8/2015 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number ENG Train Trench - Concept c453 E4DA FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC Senior Center Roof Repairs c332 E0LB FAC Frances Anderson Center Accessibility Upgrades c393 E3LA FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E4LA FAC Edmonds Fishing Pier Rehab c443 E4MB General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA PM Interurban Trail c146 E2DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PM Marina Beach Additional Parking c290 E8MB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA PRK City Spray Park c417 E4MA STM Stormwater GIS Support c326 E0FC STM Public Facilities Water Quality Upgrades c339 E1FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Perrinville Creek Culvert Replacement c376 E1FN STM Edmonds Marsh Feasibility Study c380 E2FC STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Dayton Street Storm Improvements (6th Ave - 8th Ave)c409 E3FD STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM 190th Pl SW Wall Construction c428 E3FF STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM 2014 Drainage Improvements c433 E4FA STM LID Retrofits Perrinville Creek Basin c434 E4FB STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2014 Lake Ballinger Associated Projects c436 E4FD Revised 4/8/2015 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STM Dayton Street Stormwater Pump Station c455 E4FE STM Video Assessment of Stormwater Lines c459 E4FF STM Update Stormwater Management Code & Associated Projects c467 E5FB STM NPDES m013 E7FG STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR Sunset Walkway Improvements c354 E1DA STR Transportation Plan Update c391 E2AA STR 9th Avenue Improvement Project c392 E2AB STR Citywide Safety Improvements c404 E2AC STR Hwy 99 Enhancements (Phase III)c405 E2AD STR 5th Ave Overlay Project c399 E2CC STR School Zone Flashing Beacon/Lighting Grant c420 E3AA STR SR104 Corridor Transportation Study c427 E3AB STR 220 7th Ave N Sidewalk c421 E3DA STR 238th St. SW Walkway (100th Ave to 104th Ave)c423 E3DB STR 15th St. SW Walkway (Edmonds Way to 8th Ave)c424 E3DC STR 236th St. SW Walkway (Edmonds Way to Madrona School)c425 E3DD STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR 2014 Overlay Program c438 E4CA STR 2014 Chip Seals c451 E4CB STR 2014 Waterline Overlays c452 E4CC STR 220th Street Overlay Project c462 E4CD STR SR104/City Park Mid-Block Crossing c454 E4DB STR Trackside Warning System c470 E5AA STR 2015 Traffic Calming c471 E5AB STR 2015 Overlay Program c463 E5CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA Revised 4/8/2015 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Main Street Lighting and Sidewalk Enhancements c265 E7AA STR 228th St. SW Corridor Improvements i005 E7AC STR Shell Valley Emergency Access Road c268 E7CB STR 2009 Street Overlay Program c294 E9CA STR 226th Street Walkway Project c312 E9DA SWR 2012 Sewermain-Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP)c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR OVD Sewer Lateral Improvements c142 E3GB SWR 2015 Sewerline Replacement Project c441 E4GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA SWR City-Wide Sewer Improvements c301 E8GD SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR AWD Intertie and Reservoir Improvements c324 E0IA WTR 2010 Waterline Replacement Program c363 E0JA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2011 Waterline Replacement Program c333 E1JA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR Edmonds General Facilities Charge Study c345 E1JC WTR PRV Station 11 and 12 Abandonment c346 E1JD WTR 2012 Waterline Replacement Program c340 E1JE WTR Main Street Watermain c375 E1JK WTR 2012 Waterline Overlay Program c388 E2CA WTR Pioneer Way Road Repair c389 E2CB WTR 2013 Waterline Replacement Program c397 E3JA WTR 224th Waterline Relocation (2013)c418 E3JB WTR OVD Watermain Improvements (2003)c141 E3JB WTR 2014 Waterline Replacement Program c422 E4JA WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016-17 Waterline Replacement Projects c468 E5JA Revised 4/8/2015 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number WTR Five Corners Reservoir Re-coating c473 E5KA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA Revised 4/8/2015    AM-7625     6.              City Council Meeting Meeting Date:04/14/2015 Time:15 Minutes   Submitted By:Linda Hynd Department:City Clerk's Office Type: Potential Action  Information Subject Title Opportunity to purchase property at 8413 196th St. SW pursuant to a Right of First Refusal. Recommendation  N/A Previous Council Action  N/A Narrative The city has an opportunity to purchase the property at 8413 196th St. SW for $595,000 pursuant to  Right of First Refusal that it negotiated in 1999. Attachments Right of First Refusal Letter to Mayor Earling Form Review Inbox Reviewed By Date Mayor Dave Earling 04/09/2015 10:02 AM Finalize for Agenda Linda Hynd 04/09/2015 02:29 PM Form Started By: Linda Hynd Started On: 04/09/2015 09:40 AM Final Approval Date: 04/09/2015  AGREEMENT WHEREAS. Gordon and Mary Van Mere (Van Meres) are the oWllers of certain. real property located at 8413 196th S.W., Edmonds. Washington, and legally described as is set forth on Appendix 1; and WIIEREAS, the City of Edmonds (Edmonds). a municipal corporation orgaruzed and operating under the laws of the State of Washington, is acquiring. under tbIear of condemn.ation. the real property which is immediately contiguous to the real property in Appendix 1, which real property is legally described as is set forth on Appendix 2; DOW, merefore. i~ is. AGREED as follows: In the event VIUl Meres shall wish to sell the properry described in Appendix 1 and shall have received a bona fide written offer from a prospective purchaser, they shall give written notice of the offer together with an executed copy of dle offer to the City of Edmonds. The City of Edmonds may purchase the propeny at the SllIIle price and on the same terms as offered by me proposed purchaser. provided written notice of the election to purchase Is given to me van Meres aO.d a matcbing down payment. or deposit is provided to the Van Meres during the 45 day period inunedia.tely following the delivery of the notice of the offer and a copy of the offer to the City of Edmands. The right of first refusal resel'Ved in this insttUtnent shall not affect thr;: riiht of Van Meres to subject their property to a deed of trust, mortgage or other security AgreamellI -1 VOll insmuoenr. Any first lender coming into possession of their property pursuant [0 the remedies provid.ed in a mortgage or foreclosure or deed in lieu of foreclosure shall be exemp[ from any right of ftrs[ refusal. Van Meres may give their property to their chit". or to a trust or ousts created for the benefir of him without firSt offering to sell the property to the City of Edmonds. DATED : 19..t~ Z::D J 1999 . ~~d~ Gordon Van Mere Mary Va Mere DATED: b .uxLwL;( ~ ,4999. d 00'7. Agreement -' 2 Vall APPENDIX I .. I\U. fIlM PDk'l'fDII or mill .O~'! gllU.~1l or 'tU IIcunllM~ QQ~ OJ' oma: ~DU~~S~ Q~1IR Dr .zc~x~ 18, ~~8H%' 27 .Q1~., ~ap • mAaT, W.N., ~Ea~B~ Aa lauLO~.t ~laIi~lR; ~T A ~O~Mt ON ~RI Bo~a L~ Dr 8Al~ SD~T QUAKwml Dr ~ aOlnlSUB'l! QQU.Talt o!' nI SDlfl'JmZlIl'f gUlU\m :l.D a • U. n:n WlS~ C!' ':II:1II /lOUO gllAMO CQIUlSll ell!' BAXD "C1!tOR :1.1, ~1J!Il'fCJ: .Q'I!~B U'J. II rmm'l' to ~ »Q"lQ U a 1'lI!l'1' lIDIm! Dr 'faa ·lifOIl~ 1I%1/JI 01' Qnl sotl'l1Bl1U'l! gtWt'lln CJ' II!IDl IICU':I\~'f gUARfP or nlI ICllI'rD1fIST gU~'l'BA1 II!BJnIQlII asr U.11 'UI, ~BEWC. aOQTR 137 •• ~'1' 'fO 1I0UTI L%~ or a~cTIDJ' Jq, ~CIII u.a:r II. U 1'1Im'l! .,0 TAl 'f1W1l Jan'l! Dr IlIIQXWIIIQ, IiltC!!1'~ ,'filii IOtI'H l D nZ'l! 'l!aUOI' rOil a~, 11I!llllQ J:¥OIlll 1II.a. I'M!!! D. Tua~ U. lCUI.r:'/IOCiC 1OAlUl~1I, ,~CQ~nra ~ wn ~QORP~D ~ ~aERaQrl. APPENDIX 2 ALL ~T poa~IO~ 01 ~ ~O~HEABT QU~~R or ~g2 ~OU~g~~ QU~~ER ov ;Ha $QO~~~~ QU~~Ea or S!~IO~ lB, ~o~~HtP 27 ~OR~", ~Q~ 4 EAS~, W.H., bESCRIBWD ~ rOLLO~il Daa~~a ~1 A rQl~~ ON T~ So~" ~lNE or SAtP SOUf~AS~ gUAa~~~ or ~ SOO~BlAS~ QP~~~ or ~I Souw~s~ QOAR~lk 109.91 rEE~ WiS~ ov wa~ SOO~H Q~AR~R COaBmR or SAXD s~c~rc» ~B, ~~~c~ NOR~" 237.5 fIlm ~ A po~ 420 p!m~ SOU~H or ~aE ~oa~~ ~~NB Of 8AIP IIQU~I!EAS'" QUU'l'IIIR Or' TIUl Sctl'l'HEAP~ CIID!nlll 011' fHI JlOU~gw:ss", QUAll~EIlI ~H!iCI RBS~ BB.Pl ,~~~, T~cm SOU~~ 237.5 PE~~ ~Q &OUTH Lt~ OF O~C~~D~ 11, "l'JOOIO!i Ea.!!!!! a II. 81 ~nw ~ !rBIL Ta~ 110IJlt or RIlIQ:nmING I EXCEPT ~ BOU~B 3Q r~E~ ~aJREOr rQ~ a~1 (BED/Ii KIfOWI;' 10& 1'0 ~lI).T c~ ~AAC!r U I HULllaoOl:l lOUDENS, ~~Oll.PINGI 'to '%'R! t1WRlIICOlU)IID lIt-l\llI 'l1HERBO," I " 'rIlE lIl!lliT 13& I'IBII.' OF ~Hl!I AS';' I1AL, Oil' THl'l I!IOU~BlIIA5~ Qt1AA~l!ill 011' ~IU: aouwP~T QU~Tma Dr ~8~ BOUTawJS~ gUARTER or SECT%OW 11, ~o~SBx~ 27 NOK~B, ~~~ 4 EAS~, W."., I~c~i~ A 10 roo~ $~l~ c~ THI aou~H FOR ~~ PURiO~~Si ~ BXCE1l'~ 'm!1 NOP.'l1B 210 n£~ THlIiREO'r (BIIIXNG A i'PlI.!l';C}l OF TMC'l! lS AND 36 OJ!' ~1I!l UIilRJiCORDXD l'tJI.'l' OJ!' m:PL!! WOOD GlI.RDJlNSl1 ~ag !OUT2 )Q ~ET O~ T~ JAPt l5Q FJKT. Moam OK ~~Ba. CP THE WO~TH 21Q r!~T 01' 'l'JIIl BO\1THPIiIl' QUAA~!ll OJ' ~1iI!l "otl~jiXA&" gUAA't'~1\ 01" !DBII SOt1!l'HW1!lli'l QUAJ\TIlR QF S~Q~toN lB, mO~SHt' 27 NORTH, ~g£ 4 EAP!l', W.K., EXQ=~ 'HAT pO~'IO~ DmBDZD TO !l'~E Cl!l'¥ OJ EDKPWPS B~ ODt~ C~%M g~~D lUlCOllDBD Xli' VDLU)t! IiOD I'AGB 543, RECORDa or S)fOIfOHrSIL COlnlirY, WABIi;prIO~II. ALL THAT PORTION OF THE SOUT~ST QUARTER OF ~HE SOUTHEAST QUARTER OF T~ SOUTHWEST QUARTER OF SECTION lB, TOWNSHIP 27 NORTH, RANGE 4 EAST. W,M., DESCRIBED AS FOLLOWS: BEGXMNING AT A POINT ON T~ SOUTH LINE OF S~D SOUTHEAST QUARTER O~ THE SOOTHEAST QUARTER OF THE SOUTHWEST QUARTER 10B,B1 ~ET WEST OF TH~ SOUTH QUARTER CORNER OF SAID SECTION lB, TRENCE NORTH 237.5 FEET TO A POINT 420 FEET SOUTH OF TaE NORTH L~ OF SAID SOUTHEAST QUARTER OF THE SOtlT!iIE}\S'l' QUARTER OF Tire SOUTHWEST QUARTO; THENCE WEST BB,SI FEETl THENCE SOOTR 237.5 FEET TO SOUTH LINE of S~C~ION' lB, THENCE EAST 8B.al ~T TO THE TRUE POINT OF BEGINNING} EXCEPT TBE SOUTH 3D nET TlllI:R)!jOl" FOR RO~ i (S2INt: KNOWN AS lI. Pl'>RT OF 'rRACT 36, MlII'LEWOOD GlI.RDENS, ACCORDING TO THE \JNl{EcoRDEP PLAT THEREOF J • March 24, 2015 City of Edmonds 121 5th Ave N Edmonds , WA 98020 RE: City of Edmonds Right of First Refusal on 8413 196th St. SW, Edmonds , WA 98020 Attention: Dave Earling, Mayor This is to advise you we have entered i nto a purc hase/sale agreement with The Sanctuary Church represented by Reuben Sapien . This sale is contingent upon the City terminating their option of Right of First Refusal or exercising the right and the City purchasing at same price with the property in AS IS condition . It is our understanding the City has 45 days to make this determination. We would appreciate your response in writing within 45 days or sooner if possible. Attached is a copy of the Residential Real Estate Purchase and Sale Agreement with the Sanctuary Church for your review . I am submitting this on behalf of myself, Elizabeth J. Burfitt, and Daniel L. Burfitt . Sincerely, Susan M. Isaacson 5701 225 th St. SW Mountlake Terrace , WA 98043 email : suzyqu2@msn .com RECEIVED MAR 2 4 2015 OFFI CE OF THE MAYOR RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT SPECIFIC TERMS (Please read carefully before signing) 1. DATE: March V, 2015 2. BUYER: The Sanctuary Church (a Non-Profit 501 C3) represented by Reuben Sapien 3. SELLER: Elizabeth J. Bundt, Daniel L Burfitt. and Susan M. Isaacson 4. PROPERTY: 8413196"' St. SW, Edmonds, WA 98026 (Snohomish County, Washington) Tax Parcel No(s): 27041800310700 Legal Description from EXHIBIT A SEC 18 TWP 27 RGE 04 RT 270-) BEG 108.81 FT W OF S 1/4 COR TH N 237.5 FT TH W 88.81 FT TH S 237.5 FT TO S LN SEC TH E 88.81 FT TO POB LESS RD 5. PURCHASE PRICE: FIVE HUNDRED NINETY FIVE THOUSAND Dollars ($595.000.00) Payable upon closing. 6. EARNEST MONEY: S4Ylc;h J()~c}.,4ib Check for FIVE THOUSAND Dollars ($5.000.00) to be deposited with CHICAGO TITLE INSURANC COMPANY (ESCROW). 7. CONTINGENCIES: This agreement is contingent on Title (per the title insurance report) acceptable to the Buyer, and on (Financing Contingency) of Buyer locating Investors. Seller has advised Buyer of existing Right of First Refusal with the City of Edmonds and that the City has the right to review this Purchase and Sale Agreement to determine if they will purchase the property or terminate their Right of First Refusal to allow Buyer to complete their purchase of property. 8. TITLE: Unless otherwise noted on this agreement, title of Seller is to be free of encumbrances or defects. Existing reservations, existing easements not inconsistent with Buyer's intended use, building or use restrictions general to ttie district, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by Seller shall be paid out of purchase money at date of closing. 9. PROPERTY INFORMATION/ASSURANCES: Seller shall advise the Buw. of the existence and/or status of the following: (1) ~ any public/community water main, a well,)!f public sewer,'" septic tank, a cesspool, a none of the foregoing. (2) Whether there is a Condominium of Home Owner's fee . (3) Whether the property contains leased or encumbered items identified as hot water tank(s), heating system, other . (4) That all electrical wiring, heating, and plumbing systems will be in working order at the time Buyer is entitled to possession, (5) That Seller knows of no material structural defects. (6) That Buyer will maintain the property and yard in present or better condition until agreed possession. (7) Shares in light and/or water companies and association, if any, shall be included in the sale, unless noted. (8) That Seller has no notice from any govemmental agency of any violation of laws relating to the subject property except Not Applicable 10 . CLOSING COSTS AND PRO-RATIONS: The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents, interest, Association, Condominium and/or Home Owner's fees, water and other utility charges , if any shall be pro-rated as of date of closing. INITIALS: BUYER _,.e._5 ___ SELLER I!, 1,13. DATE 3 /:;o / !5 J DATE Page 1 of4 SELLER ...... V.J~D __ SELLER a DATE ?;---W-IS-DATE 3/WVS 11 . COST-CLOSING ADJUSTMENTS, COLLECTIONS AND PAYMENTS: After closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt of payments thereof to the extent those items were prorated or credited at closing based upon estimates. Any bills or invoices received by Buyer after closing which relate to services rendered or goods delivered to the Seller or the property prior to closing shall be paid by Seller upon representation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 9. percent per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for re imbursement until such reimbursement is made. Rents collected from each tenant after closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by buyer to Seller promptly after receipt. 12 . CLOSING OF THE SALE: WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE OF THIS AGREEMENT : this sale shall be closed on OR BEFORE June 6, 2015 which shall also be the termination date of this agreement. Buyer and Seller will IMMEDIATELY UPON DEMAND, deposit in escrow with Chicago Title Insurance Company all instruments and monies required to complete the purchase in accordance with Ihis agreement. Closing for the purpose of this agreement is defined as the date that all documents are executed and the sale proceeds are available to the Seller. If Buyer is unable to obtain financing to complete purchase, Earnest money will be returned to Buyer by CHICAGO TITLE INSURANCE CO MPANY. 13. POSSESSION: Buyer shall be entitled to possession on closing . 14. ADDITIONAL PROVISIONS: In addition to INCLUDED ITEMS. CONVEYANCE, TITLE INSURANCE, AND GENERAL PROVISIONS, the following checked items are also included: 0 INSPECTIONS 0 OTHER r efri~~+or ) 5 1-o~e.) lV aS'nex +dryer 15. AGREEMENT TO PURCHASE: Buyer hereby acknowledges receipt of a copy of this agreement. Buyer offers to purchase the above property on the above terms and conditions . 16. TIME FOR ACCEPTANCE: Seller shall have until midnight of .31;)",1 bOIS a signed copy hereof to Buyer). to accept this offer by delivering 17. CONVEYANCE: Title shall be conveyed by Warranty Deed free of encumbrances, except as approved by Buyer. 18. TITLE INSURANCE: Seller authorizes , at Seller's sole expense, the Buyer or other agent to immediately apply for a preliminary commitment for a standard form Buyer's policy of title insurance to be issued by Chicago Title Insurance Company. Said preliminary commitment , and the title policy to be issued, shall contain no exceptions other than those provided for in such standard form and encumbrances or defects noted in paragraph 8 hereof. If title cannot be made so insurable prior to the closing date called herein, the earnest money shall, unless Buyer elects to waive such defects or encumbrances, be returned to the Buyer, and this agreement shall hereupon be terminated. 19. GENERAL PROVISIONS : Seller and Buyer warrant that no representations have been made concerning the condition of the property, boundary lines or size. There have been no verbal or other agreements which modify or affect this agreement. THIS AGREEMENT CONSTITUTES THE FULL UNDERSTANDING BElWEEN THE SELLER and BUYER . 20. ADDENDA: 1) DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS, 2) Copy of pamphlet -Protect Your Family from Le ad in Your Home . 3) IDENTIFICATION OF UTILITIES . 4) EXHIBIT A -COPY OF PERSONAL REPRESENTATIVES' DEED . 5) EXHIBIT B BUYER 's ACKNOWLEDGEMENT OF ADDITIONAL INFORMATION INITIALS: BUYER ,e.S DATE 3/za/;£ 7 I Page 2 of4 SELLER 8 i 13 DATE 3f2.o/r5 , SELLER Ow DATE 3'10-15" SELLER "':;&l+4-L~­ DATE 3 )wlJ.5 21 . HAZARDOUS SUBSTANCES: Seller represents and warrants to buyers that to the best of its knowledge: (i) there are no Hazardous Substances (as defined below) currently located in, on or under the property in a manner or quality that presently violates any Environmental Law (as defined below); (ii) there is an underground storage tank located on the property; and (iii) there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the property . As used herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous-waste, toxic substance, pollutant, or contaminant under any federal , state or local law, regulation , or ordinance governing any substance that could cause actual or suspected harm to human health or the environment (Environmental Law). The term "Hazardous Substance" specifically includes but is not limited to, petroleum, petroleum by-products, and asbestos. Seller agrees to indemnify, defend and hold Buyer harmless from and against any and all claims, liabilities , losses, penalties, remediation costs and expenses (including attorney's and consultant's fees and costs) that Buyer may incur or have assessed against it as a result of the presence of any Hazardous Substance in, on, or under the property which violates any Environmental Law at any time prior to clOSing . 22 . CONDITION OF SEPTIC TANK: Seller warrants that the Septic tank, if any, serving the property is in good working order and Seller has no knowledge of any needed repairs . 23 . INSPECTIONS -MAY BE REQUIRED . Seller understands that the Buyer MAY REQUIRE THAT THE PROPERTY COMPLY WITH APPLICABLE BUILDING CODES and other governmental requirements of the city or county in which it is located , and require other inspections including, but not limited to, termite, heating , plumbing, roof, electrical , septic tank and well water. 24 . CONDEMNATION AND CASUAL TV: Buyer may terminate this agreement and obtain the refund of the earnest money. if improvements on the property are destroyed or materially changed by casualty before closing, or if condemnation proceedings commenced against all or a portion of the property before closing . 25. COSTS OF INSPECTION: Buyer agrees to pay costs of inspections. 26. OBLIGATION TO MAKE REPAIRS: Seller understands that as a result of any governmental or utility inspections, Seller may be required to make repairs to the property in order to comply with the applicable codes whether or not a sale is completed under this Agreement. 27 . ASSIGNMENT: Buyer 0 may )( may not (may not assign, if not completed) assign this Agreement, or Buyer's rights hereunder w~hout Seller's prior written Consent, unless provided otherwise . 28. DEFAULT AND ATTORNEY'S FEES: In the event Buyer fails, without legal excuse, to complete the purchase of the property, then Seller may, at its option , bring suit against Buyer for Sellers actual damages, or pursue any other rights or remed ies available at law or in equity. In the event Seller fails , without legal excuse, to complete the sale of the property, then Buyer may, at its option , bring suit against the Sellers, for specific performance of the property sale transaction, and for its actual damages, or for any other rights or remedies available at law or in equity. If Buyer or Seller institutes suit concerning this Agreement, the prevailing party is entitled to court costs and reasonable attorney's fees. In the event of trial, the amount of the attorney's fees shall be fixed by the court. Venue of any suit shall be in the county in which the property is located , and this Agreement is to be governed by the laws of the state where the property is located . Buyer lIfE Jlh1 .,,~!f'Tl~' Date 3/~/1.c-Home Phone (425) 770-0747 Print Buyer's na~F-~!?ti'2Jrr-t'J/J~(,..c,~· == __ --Cl.e::~ex\ 5 a..? i en Buyer's address : 1 7 1501h Place SE L nnwood WA 98087 Email: rvsap@hotmail.com Seller's Licensee (Company): Not Applicable INITIALS: BUYER It S DATE 3/:k.!/S= r 7 Page 3 of4 SELLER Sf ?). DATE <JeO Iri SELLER j) ll3- DATE "3 ~1-0-15 SELLER Ld DATE ,3JY?US Seller !1ioJdJ&~. ,73~ Date 3,1 z" ( 15 Home Phone (425) 774-4049 Print Seller's name: Elizabeth J. Burfit! Seller's address 7903 2181h SI. Sw. Edmonds WA 98026 Seller b~;j g+ Print Seiler's name: Daniel L. Burfit! Date 3 -'2.0 -J S-Home Phone (425) 771-5910 Seller's address 9009 2201h SI. SW. Edmonds . WA 98026 Seller ~ m ~ Date 3/:<D/;5 Home Phone (425) 582-7373 Print Seller's name: Susan M. Isaacson Email: suzygu2@msn.com Seller's address 5701 2251h SI. SW, Mountlake Terrace, WA 98043 24 . BUYER'S RECEIPT: Buyer acknowledges receipt of a Seller's signed copy of this Agreement on -O:::;b9'~~ ____ (date). INITIALS: BUYER --=-R.5-=.. ___ SELLER f 1· [J DATE ?5@!Is;"DATE 3/20 I ,I " I , SELLER /);;J.. r3 SELLER ...oJ.G..!d=-__ DATE 3 ~ '),0 -/.r-DATE 3P.L>/15 Page 4 of4 Disclosure of Infonnatlon on Lead-Based Paint and/or Lead-Based Paint Hazards Lead warning Statement Every purchaser oj any Interest in residential real property on which a residential dwelling was built prior to 19781s notlfted thatsuch property may present exposure to lead from lead-based paint that may place young children at risk oj developing lead palsoning. Lead palsoning In young childfl!fl may produce permanent neurological damage. induding learning disabilities, reduced intelligence quotient behavioral problems, and Impaired memory. Lead poisoning also poses a particular risk to pregnant wamen. The seller oj any Interest in residential real property Is required to provide the buyer with any Information on lead-based point hazords from risk assessments or inspections in the sellers possession and notify the buyer oj any known lead-based point hazords. A risk assessment or Inspection jor possible lead-based point hazords Is recommended prior to purchase Seller's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (I) or (iI) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (li)..x.. seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seiler (check (i) or (Ii) below): II) Seller has provided the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below). (ii)...x... seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purd1aser's Acknowledgment (initial) (q p..-;;;; Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home (e) Purchaser has (check (i) or (iI) below): (i) __ received a lD-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (iI) ~S waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Agenfs Acknowledgment (Initial) (f) N LA Agent has informed the seller of the seiler's obligations under 42 US.C 4852(d) and is aware of hislher responsibility to ensure compliance. certification of Accuracy The follOwing parties have reviewed the information above a'J.d certify, to the best of th Ir knowledge, that the information they have provided Is true and accurate. D~d -.3 J,;zo ) IS ~k..alx fk rjc8r4 1L 31)01/£ . 3 Dj; SelerO'. . Date : ': er A Date 71fe \.~<::...ftlttf¥ CU ltal-. -S/z..»/Ir;-_ /r/C{,J r-g /Zb /tS--, PUD#1 Acco unt#: 2202-1785-5 PO Box 1107 Everett, WA 98206-1107 1-888-909-4629 INDENTIFICATION OF UTILITIES CjtyofEdmonds (water/sewer) Account #: 3-52200 -combined utility PO Box 2008 Edmonds. WA 98020-2008 425-771-0241 Pu~t Sound EnereY Account#: 220005558535 PO Box 97034 Bellevue. WA 98009-9734 1-888-225-5773 \ ...... -. -.•. .. ' ,-,., .. ~: . EX\--\ \ B\\ A 317875 .' ,,' ....... -:. .. ':.... ...... ...... .... ,., .. :"AFTER 'RECORDING MAIL TO: ',.,. •• -.... ".' _o""\.. ':. Nki--···.: .~oeihBurfitt Address;-······:.·7~03 2··I··~-S.W. City/State'~" .Earli!S~J;;.> .. WA 98026 III1III1IIIIII1 _118801 2 PGS ~Mft~~ ~'TOO "..... ..... ,--',' ~,; .... :.:: -,. -', ( ... ······-PEiiStlNAL REPRESENTATIVE'S DEED ..... ' ••• 1· .. •• •••••• ~_~ •• _._ THE GRANj:-o~R~ONA!-REPRESENfA TIVE ELIZABETHBURFIIT for and in considenltion ~f~QhgmlsI\County probate number 07-4-0] 21 ] -2 conveys and quit claims fr~3~~Rt>oN'.and MARY V AN MERE to ELIZABETH JEAN BURFfIT, SUSAN ISf.\AGS0¥-an4 DANIEL LEE BURFITI in equal shares as tenants in common as ·thelr. 'sep3:rate 'property the following described real estate, situa~ed i~ the County of ~.n'!!i:~l~~.~~Jf Washington, together with all after ~ acqUired title of the grantor{!!~. ~~!.n: .' ......... I /' or ' SEC 18 TWP 27 RGE 0':r~T '2~) BI;:0·t08. .. 81 FT W OF S 114 COR TH N 237.5 FT TH W 88.81 FT TH S 2~.7-::fFJ'-TO ~ LN SEC TH E 88.81 FT TO POB LESS RD (.-.' ............ ,) .J "'..... . ... _.. ..' ,,' Assessor's Property Tax Parcell Account·NumlrG·~1104.1 80031 0700 Address: 8413 1961h St SW., Edmonds, WA 9.8026~9 13 l ~._ .. ", .... :: ..... -...•... ::.~., ............. ' .. Dated: 5-13 -0'1 ,2009. : . "-). } ~ ~"_'" ..•• J ..... ". :,_ .. -::::: ..• ~ .. :. ::.:::.: ::: ....... \ ............ :...... ..' ." ... , .. :: .... -.-.-... ..... '. :.' ..• -... . . : ."'. : .... } ~ \· .. ~3<.~::<·····'.-,:-... . , ... , ........ -: .• ) ; " ... ' .. ' •........ -........ -.::. .... ••... . .... . . ' ... . •••• .' .,0" ••••• , .' .... :....... .., ......... - ,. EXHIBITB ACKNOWLEDGEMENT OF ADDITIONAL INFORMATION Buyer: The Sanctuary Church (a Non-Profit 501 C3) represented by Reuben Sapien Seiler: Elizabeth J. Burfitt, Daniel L. Burfitt, and Susan M. Isaacson Property: 8413196"' SI. SW, Edmonds, WA 98026 (Snohomish County, W ashington) Buyer Acknowledges: 1. House, property, and all out-buildings are being sold "AS IS · 2. Existence on property of an underground Oil tank (fuel supply for furnace located in north half of Garage I Workshop) 3. Existing leak in roof of Garage I Workshop south half (which is currently covered by a tarp) 4 . Home on the property has been rented as a single-family res idence until recently vacated by Gloria Allison. Garage I Workshop (at back of property) is currently being rented by Gloria Allison as two separate storage spaces . Rental of the Garage I Workshop was in conjunction with Gloria's rental of the house . Gloria has moved out of the house and was notified in a certified letter mailed to her on December 4, 2014 to vacate the Garage I Workshop space at the end of January 2015 as Sellers planned to put the property up for sale. Based on the pending sale to The Sanctuary Church, Gloria has continued to rent the storage space on a month-to-month basis. Seller ShgJxih t 1>~ Pri nt Selle r's name : El iza e th J . Burfitt Date 3 / J-CJ I f"i seller ;)~~ Date 3 -J-O -f~ , Print Seller's name : Daniel L. Burfi tt Seller h A/l(UJ 111 ~ Date -3) ;P))5 Pr int Seller's name: Susan M. Isaacson    AM-7597     7.              City Council Meeting Meeting Date:04/14/2015 Time:15 Minutes   Submitted For:Edmonds Citizens' Tree Board Submitted By:Jana Spellman Department:City Council Type: Information  Information Subject Title Edmonds Tree Board Presentation and Request. Recommendation Council be briefed on the Tree Board's annual work. Council consider the request for a budget allocation to hire a dedicated staff person to support the Tree Board. Previous Council Action None. Narrative The Tree Board will make a presentation to the City Council in their annual report.  In addition, the Tree Board will be asking Council for staff support to assist in the operations of the Tree Board. At their last Tree Board meeting, Commissioners discussed the need for a dedicated staff support. When the Tree Board was formed by Council, there was no staff available to attend meetings and provide support. In the recent past the Tree Board was provided a minute taker and a monitor; Mr. Lien assisted during the development of the Tree Code, and Parks staff have attended when needed. But, there is no consistent dedicated staff support other than the Council Executive Assistant who posts the agenda and minutes. Other boards and commissions in the City have staff support.  At this time, there is not capacity for current staff to be dedicated to the Tree Board.  Commissioners identified the following areas where support is needed:  • Attend Tree Board meetings  • Assist Chair with preparing agendas and noticing/advertising meetings and events  • Address issues raised by the public at meetings  • Central contact for Tree City USA application (access to information) and submit application and accountable for meeting terms  • Organize Arbor Day and other events  • Pursue grants  • Coordinate outreach and education including presentations to Tree Board  • Advertise events  • Update website and post educational material  The request for Council is to consider a budget allocation to hire a contract staff to provide facilitation, expertise, and be the staff liaison for the Tree Board. An annual allocation of $10,000 would assist in hiring a contractor to ramp up and be a consistent staff person to support the Tree Board.  Form Review Inbox Reviewed By Date City Clerk Linda Hynd 04/07/2015 10:44 AM Mayor Dave Earling 04/07/2015 10:49 AM Finalize for Agenda Linda Hynd 04/07/2015 11:01 AM Form Started By: Jana Spellman Started On: 04/01/2015 08:44 AM Final Approval Date: 04/07/2015     AM-7601     8.              City Council Meeting Meeting Date:04/14/2015 Time:5 Minutes   Submitted By:James Lawless Department:Police Department Type: Forward to Consent  Information Subject Title Interlocal Agreement - North Sound Metro SWAT Recommendation Staff recommends and requests that this item be forwarded to April 21, 2015 Business Meeting for approval via the Consent Agenda. Previous Council Action Existing ILA was approved by Council on May 28, 2013. Narrative The Interlocal Agreement for SWAT (Special Weapons and Tactics) that is currently in place (approved by Council on May 28, 2013) represents a partnership between Edmonds and the cities of Bothell, Kirkland, Lake Forest Park, Lynnwood, Mill Creek, Monroe, and Mountlake Terrace.  The new ILA would bring the city of Mukilteo into the integrated team.  No other changes have been made to the existing ILA. The revised ILA is attached and has been approved by the City Attorney's Office as to form. Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: Edmonds' cost share for SWAT is already built into the existing 2015 budget and will not be impacted. Attachments SWAT ILA 2015 Form Review Inbox Reviewed By Date City Clerk Scott Passey 04/01/2015 03:56 PM Mayor Dave Earling 04/01/2015 04:07 PM Finalize for Agenda Scott Passey 04/02/2015 07:03 AM Form Started By: James Lawless Started On: 04/01/2015 03:09 PM Final Approval Date: 04/02/2015  Page 1 of 20 INTERLOCAL AGREEMENTBETWEEN THE CITIES OF BOTHELL, EDMONDS, KIRKLAND, LAKE FOREST PARK, LYNNWOOD, MILL CREEK, MONROE, MUKILTEO, AND MOUNTLAKE TERRACE; FOR THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT)/ CRISIS NEGOTIATING TEAM (CNT) THIS INTERLOCAL AGREEMENT (Agreement) is entered into by and between the City of Bothell, a Washington municipal corporation (Bothell), the City of Edmonds, a Washington municipal corporation (Edmonds), the City of Kirkland, a Washington municipal corporation (Kirkland), the City of Lake Forest Park, a Washington municipal corporation (Lake Forest Park), the City of Lynnwood, a Washington municipal corporation (Lynnwood), the City of Mill Creek, a Washington municipal corporation (Mill Creek), the City of Monroe, a Washington municipal corporation (Monroe), the City of Mukilteo, a Washington municipal corporation (Mukilteo), and the City of Mountlake Terrace, a Washington municipal corporation (Mountlake Terrace), (collectively referred to hereinafter as Parties or Cities). WHEREAS, the Cities are public agencies as defined by RCW Chapter 39.34 and RCW Chapter 10.93, and are authorized to enter into interlocal agreements to provide for joint or cooperative actions to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, incidents of a serious criminal nature do occur which require a need for a specially trained and equipped unit to effectively resolve the situation. These incidents create a demand upon the undersigned Cities respective to resources which are better and more economically served by combining resources to form a joint specialty team called the NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS, (hereinafter SWAT Team); and WHEREAS, the SWAT Team shall be specially trained and equipped to provide a cooperative and joint effort among the undersigned Cities’ police departments to respond to and resolve criminal activity of a high risk nature in accordance with state and federal law. NOW, THEREFORE, be it agreed in accordance with RCW 39.34 and RCW 10.93: 1. CREATION AND AUTHORIZATION The undersigned Cities hereby create THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT) Team. The SWAT Team is hereby authorized and directed to achieve the objectives of this Agreement. 2. OBJECTIVE The primary objective of the SWAT Team is to respond effectively and appropriately to incidents which create a significant and higher safety risk for officers/detectives in the field and the public. Page 2 of 20 3. EXECUTIVE BOARD/SWAT STRUCTURE The undersigned Cities hereby create an Executive Board (Board) to direct the SWAT Team. The Executive Board shall be comprised of the Police Chiefs of all participating Cities. Based upon recommendations from the SWAT Commander and or Board members, the Board reviews and approves changes and updates to the SWAT Policy and Procedures Manual (SWAT Policy) and also provides approval and gives direction on operational matters as presented and requested by the SWAT Team Commander. Each member of the Board shall have an equal vote and voice on all Board decisions. All decisions, except those related to the SWAT Policy and Procedure manual, shall be made by a majority of voting Board members, provided a quorum of five (5) Board members are present. SWAT Policy and Procedure decisions shall require a unanimous vote from all Board members. The Board will meet at least once a quarter. 3.1 SWAT Team Structure 3.1.1 The goal of the SWAT Team is to have a minimum of twenty-four (24) trained officers and one (1) Command Level Officer (SWAT Team Commander). Staffing shall be proportional to the size of the participating city police department’s commissioned strength and the ability of that police department to staff positions. 3.1.2 When subsequent attrition occurs in the SWAT Team, such vacancies shall be filled based on a mutually agreed to and managed selection process approved by the Board. 3.1.3 The Board will determine the host police department for the SWAT Team and the selection of the SWAT Team Commander. The SWAT Team Commander will recommend appointments for the positions of Assistant SWAT Team Commander and SWAT Team Leader(s) to the Board who shall have final approval. 3.1.4 Incident command shall be the responsibility of the police department of jurisdiction in which the incident occurs. The police department of jurisdiction may delegate incident command responsibility to the SWAT Team Commander, or an appointed designee in his absence, but will still be required to provide a liaison to the SWAT Team Commander for the duration of the event. 3.1.5 Distraction devices, gas munitions, and entrance explosives will be stored and handled per the SWAT Policy and Procedures manual and other applicable state and federal laws and regulations. Page 3 of 20 3.1.6 The general specifications of SWAT equipment/weapons will be contained within the SWAT Policy and Procedures manual. 3.1.7 SWAT policies and procedures will be standardized and agreed to by all participating Board members including any modifications or amendments thereto. Each Board member understands that SWAT, when activated in their respective jurisdictions, will act in accordance with the SWAT Policy and Procedures manual, as unanimously approved by the Board. 3.1.8 Except as provided herein, all personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated SWAT Team. Each participating City shall be solely and exclusively responsible for the compensation, benefits, and training expenses for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that participating City. Each City shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures. 3.1.9 During field activation of the SWAT Team, an Incident Commander, SWAT Team Commander and SWAT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, SWAT Team Commander and SWAT Team Leader(s) shall be set forth in the SWAT Policy and Procedures manual approved by the Board. 3.2. Team Composition The Board determines the SWAT Team composition and selection process. 3.3 Crisis Negotiating Teams There will be a Crisis Negotiating Team (CNT) component. The Board will determine the composition of the Team and associated selection criteria. 3.4 Policy Development and Review 3.4.1 The Board shall determine who will coordinate development of SWAT Team policies and procedures. At a minimum, such policies and procedures shall address: a. Appointment to Team/Team Composition b. Risk Analysis Assessments c. Special Procedures Page 4 of 20 d. Munitions Storage Policy/Equipment Considerations e. Diversionary Device Use and Deployment f. Firearms Qualification Standards g. Minimum Training Requirements/Fitness Standards h. Mutual Aid Responses 3.4.2 Following policy and procedure review and approval, copies of the SWAT Policy and Procedures manual will be provided to the police departments of participating Cities. 4. COST SHARING/BUDGET AND FINANCE The Parties agree to budget and finance provisions for costs incurred by or in connection with the operations of the SWAT Team, in accordance with the following: 4.1. For purposes of general administration, the Board shall determine which City shall be designated as the Host police department. That police department will coordinate budgetary expenditures with all participating Cities. 4.2. All costs associated with the initial and continued outfitting of a SWAT Team member, including but not limited to, clothing and weapons shall be the responsibility of the employing City of any team member. This equipment shall remain the property of the purchasing City. The maintenance and replacement of individual team member’s equipment shall be the responsibility of the employing City. 4.3. Any overtime costs associated with all deployment operations or team training of SWAT Team members shall be the responsibility of the employing City of any team member. 4.4. All member participating Cities understand there is need for equipment, and/or training for specialty positions within the team, that may be utilized by any qualified team member during the course of operations or training. 4.5. Each participating City will provide an amount of money determined by the Board and approved through the budget processes of each participating City’s legislative body for necessary purchases per calendar year for approved operational expenditures. The Board shall designate one (1) participating City which will establish a single SWAT Team operational budget. Participating Cities agree to leave any money left over from that calendar year in the SWAT operational budget, which will be held in the account to supplement/augment SWAT organizational operations with the approval of the Board. 4.6. By May of each year, the SWAT Team Commander will submit a proposed operational budget request for approval to the Board, itemizing anticipated team/specialty Page 5 of 20 training and team equipment purchase requests for the following budget cycle. Each participating City will then submit for review and consideration the proposed operational and team/specialty training and team equipment budget via their own budget process. All team/specialty equipment purchases made during the calendar year will be documented via an inventory database spreadsheet. Training and equipment for individual team members will be the responsibility of each participating City. 4.7. During unusual occurrences, emergency expenses outside the parameters of the approved SWAT Team operational budget can be approved and ratified by agreement with a quorum of the Board. These expenses will be incurred only out of operational necessity (i.e., additional overtime or supplies related to a SWAT operation). 4.8. All Parties intend that the budget and finance provision contained herein shall support the activities of SWAT Team operations and training. 5. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS 5.1 Equal Sharing of Liability The Cities agree that liability for the negligent or unintentionally tortious actions of the SWAT Team or any police officer or employee working for or on behalf of the SWAT Team be shared equally on an equal shares basis between the participating Cities. It is further the agreement of the Cities that no City should be required to pay more than an equal share of the cost of payment of any judgment or settlement for a liability claim which arises out of and is proximately caused by the actions of any officer, employee or City which is acting on behalf of or in support of the SWAT Team and acting within the scope of any person’s employment or duties to said SWAT Team. This risk sharing agreement shall not apply to judgments against any party or officer for punitive damages or for damages resulting from intentionally tortious actions. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Sections 5.2 to 5.10. 5.2 Hold Harmless Each City agrees to hold harmless and indemnify the other participating Cities from any loss, claim or liability arising from or out of the negligent or unintentional tortious actions or inactions of its officers and employees or each other as related to any SWAT Team activity. Such liability shall be apportioned among the Cities equally on an equal shares basis subject to any limitation set forth below. 5.3 Defense of Lawsuits Each City shall be responsible for selecting and retaining legal counsel for itself and for any employee of said City who is named in a lawsuit alleging liability arising out of Page 6 of 20 SWAT Team operations. Each City who retains counsel for itself and/or its officers and employees shall be responsible for paying the attorney’s fees incurred by that counsel. The Cities shall not share costs of defense among each other unless they specifically agree to have one attorney representing all of them in any particular legal action. 5.4 Notice of Claims and Lawsuits and Settlements In the event that a lawsuit is brought against a participating City, its officers and employees for actions arising out of their conduct in support of the SWAT Team operations, it shall be the duty of each said City to notify the other Cities that said claims or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single City shall require equal shares contribution by any City unless it was done with the knowledge and specific consent of the other participating Cities. Any settlement made by any individual City or member which does not have the consent of the other participating Cities to this Agreement will not require any sharing of payment of said settlement on behalf of the non-consenting Cities. 5.4.1 Settlement Procedure 5.4.1(1) Any City who believes that it would be liable for a settlement or judgment which should be equally shared by the other participating Cities to this Agreement shall have the burden of notifying each other participating City of all settlement demands made to that City and any claims and/or lawsuits naming that city and/or its officers and employees for what may be a joint liability. Furthermore, if the other participating Cities are not named as parties to the actions, it shall be the burden of the City named in the lawsuit to keep the other participating Cities fully apprised of all developments in the case and all settlements demands, mediations or any other efforts made towards settlement. Settlements require the specific consent of all participating Cities to this Agreement before any equal share obligations for payment by all participating Cities becomes effective. 5.4.1(2) No City shall enter into a settlement with a claimant or plaintiff unless said settlement ends the liability of all participants to this Agreement and on behalf of their respective employees and officers. It is the intent of this Agreement that the Cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Parties to this Agreement agree with the settlement costs or, in the alternative, that all Parties to this Agreement reject settlement demands and agree to go to trial and share equally in any judgment incurred as a result of the decision to go to trial. However, in the event that a settlement demand is presented to all the participating Cities to this Agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur: Page 7 of 20 5.4.1(2)(1) The Cities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that City and/or its officers and employees and, if such separate settlement is reached, that City would have no responsibility to pay any proportionate amount of any judgment rendered against the Cities and/or their officers and employees that did not settle. A City making a separate settlement would not have to pay any proportion amount of any subsequent settlement that others might reach. Any City making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement which said City had reached separately with the claimant and/or plaintiff. 5.5 Cooperation in Defense of Lawsuits The Cities and their respective defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the SWAT Team and shall agree, wherever possible, to share non-attorney fee-related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses. 5.6 Payment of Judgments Unless there is an exception as provided in paragraphs 5.4.1(2) and 5.4.1(2)(1), it is the intention of the participating Cities under this Agreement to jointly pay any judgment on an equal share basis for any judgment against any officer and/or employee and/or City for negligence or unintentional tortious action arising out of their conduct in the course of their employment or duties as SWAT Team members or in support of such SWAT Team operations; regardless of what percentage of liability may be attributed to that participating City or its officers and employees by way of verdict or judgment, including the costs of any awarded plaintiff’s attorney’s fees and costs. It is the intent of the Parties to add up the total combined judgment against any participating City and/or officer and/or employee for compensatory damages and/or plaintiff’s attorney’s fees and costs and to divide said total combined judgment into equal shares and each City would then pay its equal share of the total combined judgment to satisfy the judgment. Any City which refused to pay its equal share would then be liable to the Cities who paid that City’s share in order to satisfy a judgment plus any attorney’s fees incurred in the collection of said monies from the non-paying City. 5.7 Nothing Herein Shall Require Or Be Interpreted To: 5.7.1 Waive any defense arising out of RCW Title 51. 5.7.2 Limit or restrict the ability of any City, officer or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to Page 8 of 20 seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 5.7.3 Cover or apportion or require proportionate payment of any judgment against any individual or City for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages, fines or sanctions against any individual or City. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require equal sharing of any punitive damage awards, fines or sanctions. 5.8 Insurance Coverage The Cities shall, to the best of their ability, coordinate their liability insurance coverage’s and/or self-insured coverage’s to the extent possible to fully implement and follow the Agreement set forth herein. However, the consent of any liability insurance carrier or self-insured pool or organization is not required to make this Agreement effective as between the member Cities signing this Agreement and the failure of any insurance carrier or self-insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual City from its obligation under this Agreement. 6. NON-WAIVER A waiver by any City hereto of a breach of any other City hereto of any covenant or condition of this Agreement shall not impair the right of the City not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of any City to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 7. AMENDMENTS This Agreement may only be amended by written agreement of all the undersigned Cities that have not terminated their respective participation under this Agreement. 8. SEVERABILITY Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. 9. TERM AND TERMINATION Page 9 of 20 9.1 The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. 9.2 Any Party may withdraw from and terminate participation under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Parties herein. Withdrawal during any calendar year shall not entitle the withdrawing Party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing Party for any calendar year. Termination of this Agreement and/or withdrawal of a Party shall not terminate Section 5 hereof with respect to the withdrawing Party as to any incident arising prior to the withdrawal of the Party and Section 5 shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. 9.3 A majority of the participating Cities may terminate this Agreement at any time. Such termination shall be set forth in a document signed by the authorized Chief Executive Officer or designee of a majority of the participating Cities. 9.4 Upon termination of this Agreement by the participating Cities, property used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the City that provided or paid for such items. Items that were jointly purchased by the Cities will be distributed between the police departments on a basis agreed to in writing by the respective police chiefs. 9.5 In the event that a City withdraws from and terminates participation under this Agreement in accordance with Section 9.2, property that was paid for and/or provided by that City and was used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the withdrawing/terminating City. Items that were jointly purchased by the Cities will continue to remain with and be available for use by the SWAT Team until such time that this Agreement is terminated in its entirety. Page 10 of 20 10. NOTICES AND CONTACTS Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall be delivered to each City as follows: City of Bothell City of Edmonds Attn: Police Chief Attn: Police Chief 18410 101st Ave., N.E. 250 5th Ave., N. Bothell WA 98011 Edmonds WA 98020 City of Kirkland City of Lake Forest Park Attn: Police Chief Attn: Police Chief 123 5th Ave. 17425 Ballinger Way, N.E. Kirkland, WA 98033 Lake Forest Park WA 98155 City of Lynnwood City of Mill Creek Attn: Police Chief/Purchasing Attn: Police Chief 19321 44th Ave., W. 15728 Main St. Lynnwood WA 98036 Mill Creek, WA 98012 City of Monroe City of Mountlake Terrace Attn: Police Chief Attn: Police Chief 806 West Main Street 5906 232nd St., S.W. Monroe WA 98272 Mountlake Terrace WA 98043 City of Mukilteo Attn: Police Chief 10500 47th PL W. Mukilteo, WA 98275 Notices mailed by any City shall be deemed effective on the date mailed. Any City may change its address for receipt of reports, notices, invoices, payments and other documents by giving the other Cities written notice of not less than seven (7) days prior to the effective date. 11. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Snohomish County, Washington. Page 11 of 20 13. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. 14. FILING As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the Snohomish County Auditor, or, alternatively, listed by subject on the website of each participating City. Dated this _________day of _________________, 2015 Page 12 of 20 CITY OF BOTHELL By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 13 of 20 CITY OF EDMONDS By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 14 of 20 CITY OF KIRKLAND By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 15 of 20 CITY OF LAKE FOREST PARK By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 16 of 20 CITY OF LYNNWOOD By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 17 of 20 CITY OF MILL CREEK By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 18 of 20 CITY OF MONROE By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 19 of 20 CITY OF MUKILTEO By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Page 20 of 20 CITY OF MOUNT LAKE TERRACE By: Title:__________________________ Dated: ________________________ ATTEST: By: ______ City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated:    AM-7613     9.              City Council Meeting Meeting Date:04/14/2015 Time:15 Minutes   Submitted By:Mary Ann Hardie Department:Human Resources Committee: Parks, Planning, Public Works Type: Action Information Subject Title City Personnel Policy Update Recommendation 1. That the City Council approve the revisions of the Personnel Policy. Previous Council Action The City Personnel Policy was last updated and approved by Council in 2012. Narrative The Edmonds Personnel Policies provide a centralized resource for the City’s administrative policies—they incorporate applicable references to State and Federal law; integrate City Code requirements; and serve as a reference for all employees regarding day-to-day employment questions. In 2012, the City Personnel Policies were updated for compliance based on a 2010 WCIA audit. The City Personnel Policies must continue to be updated as needed to keep current with continued changes with Washington State and Federal law; the Edmonds City Code and Ordinances; procedures specified by contract service providers (i.e. AWC); and “best practices.”  Unlike the previous City Personnel Policy updates in 2012, this update incorporates changes that do not impact mandatory or permissive subjects of collective bargaining that would require these changes to be negotiated with the unions at the City. Additionally, as reviewed by the City Attorney , none of these changes to the City Personnel Policy will require an update to the City Code. Many of the changes, however, do provide necessary clarification and further explanation of the programs and processes in place at the City. The draft Personnel Policies have been reviewed by the City Attorney, WCIA legal counsel, City Department Directors and Managers, and have been sent to the Union Representatives. Although most of these changes are not mandatory subjects of bargaining, and apply to all departments, there are a few sections that are subject to bargaining in the Police Department. The sections regarding: workplace searches, personal possessions and electronic communications for City business and outside of regularly scheduled work hours and post-accident drug and alcohol testing will not apply to the EPOA police officers, and will be addressed when the next negotiations commence.  The Mayor will be responsible for operating the City of Edmonds within the parameters of the Policies, and for ensuring that each employee has received a copy. Attachments Council Memo Updated City Personnel Policy Form Review Inbox Reviewed By Date City Clerk Linda Hynd 04/06/2015 09:01 AM Mayor Dave Earling 04/07/2015 10:54 AM Finalize for Agenda Linda Hynd 04/07/2015 11:01 AM Form Started By: Mary Ann Hardie Started On: 04/03/2015 10:42 AM Final Approval Date: 04/07/2015  Council Memo Personnel Policies April 14, 2015 RECOMMENDATIONS: That the City Council approve the revisions of the Personnel Policy. BACKGROUND: The Edmonds Personnel Policies provide a centralized resource for the City’s administrative policies—they incorporate applicable references to State and Federal law; integrate City Code requirements; and serve as a reference for all employees regarding day-to-day employment questions. In 2012, the City Personnel Policies were updated for compliance based on a 2010 WCIA audit. The City Personnel Policies must continue to be updated as needed to keep current with continued changes with Washington State and Federal law; the Edmonds City Code and Ordinances; procedures specified by contract service providers (i.e. AWC); and “best practices.” Unlike the previous City Personnel Policy updates in 2012, this update incorporates changes that do not impact mandatory or permissive subjects of collective bargaining that would require these changes to be negotiated with the unions at the City. Additionally, as reviewed by the City Attorney, none of these changes to the City Personnel Policy will require an update to the City Code. Many of the changes, however, do provide necessary clarification and further explanation of the programs and processes in place at the City. The draft Personnel Policies have been reviewed by the City Attorney, WCIA legal counsel, City Department Directors and Managers, and have been sent to the Union Representatives. Although most of these changes are not mandatory subjects of bargaining, and apply to all departments, there are a few sections that are subject to bargaining in the Police Department. The sections regarding: workplace searches, personal possessions and electronic communications for City business and outside of regularly scheduled work hours and post-accident drug and alcohol testing will not apply to the EPOA police officers, and will be addressed when the next negotiations commence. The Mayor will be responsible for operating the City of Edmonds within the parameters of the Policies, and for ensuring that each employee has received a copy. DISCUSSION: Recommendations: As noted previously, the proposed changes to the Personnel Policies are routine modifications necessary to incorporate changes in State, Federal and City law, clarify current practices, and update language. While numerous minor changes have been proposed, the most substantive changes have been made in the following areas: CHAPTER I—Definitions Proposed changes include clarifying the definition of the hours for full time employees and part-time employees under the ACA. CHAPTER III-Recruiting Policy A WCIA best practice includes ensuring there are internal controls through HR to ensure fairness and consistency, and to avoid conflicts of interest and potential discrimination in the hiring process. This language has been updated to ensure that the steps in the hiring process are coordinated through HR. CHAPTER V—Compensation A section has been added to clarify that, for non-represented employees, an overall satisfactory performance rating is required and that an employee without an overall satisfactory performance rating for their evaluation period will be placed on a performance improvement plan. CHAPTER VII— BENEFITS: MEBT This section has been updated to reflect the increase in the MEBT plan life insurance policy benefit from $75,000 to $100,000, provided through the new life insurance provider, Cigna. CHAPTER VII-BENEFITS: HealthCare Reform Policy This policy is based on model policy language from AWC as a best practice for Healthcare Reform Policy and clarifying the eligibility of employees for healthcare under the Patient Protection and Affordable Care Act (PPACA). CHAPTER VII— BENEFITS: Wellness Program A new section has been created to explain the City’s Wellness Program, facilitated through HR. This language is model language based on AWC award- winning “Well City” comparator cities’ Wellness Program language and will assist the City in moving in the direction of possible future AWC medical insurance premium discounts based on wellness. CHAPTER VII— BENEFITS: Commute Trip Reduction (CTR) program A new section has been created to explain the City’s CTR program, facilitated through the CTR Coordinator at the City. CHAPTER VIII—BENEFITS: Leave Without Pay An update has been provided to this section to clarify that employees on a leave of absence may not engage in self-employment or perform work for any other employer except for military leave or public service or when the outside employment has been approved by the City. CHAPTER VII—BENEFITS: Jury and Witness Duty This section has been updated to provide clarification of the documents that must be provided by employees for jury duty fees when an employee is on jury duty and providing for reimbursement for parking fees and witness fees (when an employee is called as a witness for the City) in order to make employees whole. CHAPTER VII- BENEFITS: Holiday Pay An update has been provided to clarify (unless otherwise stated in an applicable collective bargaining agreement) that employees must be in a paid status on the days preceding and following the holiday in order to be paid for a City observed holiday. CHAPTER VII- BENEFITS: Unpaid Holidays for Reasons of Faith or Conscience In compliance with a recent State law and City Ordinance 3972, this policy has been inserted that states that employees may be entitled to two unpaid holidays per calendar year for a reason of faith or conscience. CHAPTER X- EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS: Personal Possessions and Electronic Communications Electronic and Telephonic Communications Outside of Regularly Scheduled Work Hours Based on best practices and in consideration of public information and FLSA (Fair Labor Standards Act) regarding payment for time worked, this section has been added to address use of personal electronic devices for City business and for the use of electronic and telephonic communications outside of regularly scheduled work hours. CHAPTER X- EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS: Gifts This section has been added in response to questions from City employees about the ability to accept gifts (as City employees) from the public. It additionally clarifies what is allowable under the RCW. CHAPTER XI- DISCIPLINE AND TERMINATIONS: Actions Subject to Disciplinary Action Language clarification has been added to clarify that negligence that results in either injury to others or damage to property is an action subject to disciplinary action. CHAPTER XI- DISCIPLINE AND TERMINATIONS: Disciplinary Actions Language clarification has been added to clarify that unpaid disciplinary suspensions for exempt employees must be a week in length at a minimum, except for violations of safety rules of major significance (in which case less than a week is permissible). CHAPTER XII- RECOGNITION AND SUGGESTIONS: Service Award Ceremonies Policy language has been added (for auditing purposes) to allow for expenditures of reasonable refreshments at the Mayor’s Annual City-Wide Employee Awards Program, the Holiday Brunch and for service retirement recognition purposes. CHAPTER XIII- SAFETY: Accident Prevention Program Policy language has been added for compliance purposes (regarding any safety compliance updates) for the Accident Prevention Plan. CITY OF EDMONDS PERSONNEL POLICIES Dave Earling, Mayor 2015 2 TABLE OF CONTENTS Message from the Mayor 6 Chapter I, Purpose & Scope Value Statement 7 Intent of Policies 7 Scope of Policies 7 Changing the Policies 78 Definitions 8 Chapter II, General Policies and Practices Equal Employment Opportunity Policy 9 Disability Discrimination Prohibited 9 Life Threatening/Communicable Diseases 10 Anti-Harassment Policy Including Sexual Harassment 10 Complaint Process: Discrimination, Harassment, Retaliation 11 Employee Personnel Records 12 Employment References 12 Employment Rights 12 Chapter III, Recruiting, Hiring and Promotion Value Statement 134 Recruiting Policy 134 Hiring Policy 145 Hourly Employees 1565 Orientation Period 156 Employment of Relatives (Nepotism) 156 Promotions 167 Transfers/Lateral Moves 167 Rehire 167 Job Assignments 17 Chapter IV, Hours and Attendance Value Statement 18 Standard Work Hours 18 Overtime 18 Compensatory Time 18 Attendance 19 Unusual Weather Conditions 20 Meals and Rest breaks 20 Callbacks 20 Payroll Records 21 3 Chapter V, Compensation Value Statement 22 Salary Classification and Grades 22 Pay Rates 22 Union Employees 22 Non Represented Employees 22 Promotion 25 Paydays 25 Errors in Pay 25 Deductions 25 Acting Pay 25 Special Duty Pay 26 Compensation Upon Termination 26 Reclassification 26 Completion of Orientation Period 276 Chapter VI, Performance Evaluations and Training Value Statement 287 Performance Evaluation Policy 287 Training Policy 278 College Reimbursement 298 Chapter VII, Benefits MEBT 2930 State Retirement 2930 Deferred Compensation 2930 Industrial Accident Insurance (Workers Compensation) 2930 Health Insurance 3031 Healthcare Reform Policy 32 Unemployment Insurance 3038 Life Insurance 3138 Employee Assistance Plan (EAP) 3138 Extended Health Benefits (COBRA) 3138 Wellness Program 39 Commute Trip Reduction (CTR) program 40 Chapter VIII, Leaves Value Statement 3241 Vacation 3241 Sick Leave 3241 Fitness for Duty 3443 Leave Without Pay 3443 Jury and Witness Duty 3544 Administrative Leave 3544 Military Leave 3544 Washington Military Leave for Spouses & Domestic Partners 3645 4 Family Medical Leave 3645 Pregnancy Disability Leave 4049 Bereavement Leave 4150 Domestic Violence, Sexual Assault & Stalking Leave 4150 Shared Leave 4151 Holidays 5246 Religious Holidays 4652 Unpaid Holidays for Reasons of Faith or Conscience 53 Benefits for Part-Time and Temporary Employees 4754 Payment for Accrued Leaves 4754 Management Leave 54 Chapter IX, Travel and Meal Expenses Value Statement 4855 Authorization 4855 Accommodations 4855 Meals 4855 Use of Private Cars 4855 Use of City Vehicles 4956 Chapter X, Employee Responsibilities and Code of Ethics General Code of Conduct 5057 Outside Employment and Conflicts of Interest 5057 Reporting Improper Government Action 5158 Political Activities 5460 No Smoking Policy 5461 Personal Possessions and Electronic Communications 5461 Electronic and Telephonic Communication Outside of Regularly Scheduled Work hours 5561 Use of Telephones and City Vehicles 5462 Bulletin Boards 5562 Media Relations 5562 Use of Safety Belts 5562 Driver's License Requirements 5562 Solicitations 5562 Use of City Credit 5663 Substance Abuse 5663 Chapter XI, Discipline and Terminations Value Statement 5865 Actions Subject to Disciplinary Action 5865 Disciplinary Actions 6066 Pre-Disciplinary or Pre-Termination Hearing 6168 Layoff 6268 Resignation 6269 5 Chapter XII, Recognition and Suggestions Value Statement 6370 Awards/Recognition 6370 Suggestions 6370 Chapter XIII, Safety Value Statement 6471 General Safety 6471 Bloodborne Pathogens 6471 Workplace Violence 6471 Safety Committees 6572 Accidents 6672 Training 6673 Accident Prevention Program 6673 Chapter XIV, Complaint Procedures Complaint Procedures 6774 Appendix A - Information Services Acceptable Use Policy 6975 Appendix B – Drug & Alcohol Testing Policies & Procedures 7983 Appendix C - Receipt of Personnel Policies 975 6 MESSAGE FROM THE MAYOR Please read and become familiar with the City’s personnel policies. They have been developed to guide your employment and help you fully utilize the resources available to you. They will acquaint you with your employee benefits, our personnel practices and rules, and our organizational philosophy. As a City employee, it is extremely important that you fully understand what is expected of you and what you can expect from us. If you have any questions at any time regarding our policies, please ask your supervisor, department director, or contact the Human Resources Office. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. Changes will be posted on-line, and the City will endeavor to notify you in a timely manner when changes occur . Please also understand that no supervisor, manager or representative of the City, other than the Mayor, has the authority to make any written or verbal statements or representations , which are inconsistent with these policies. It is my desire to offer you a comfortable work environment, helpful supervision, training and equipment to help you do your job, and a clear sense of direction and expectations. I strongly believe we are a team that provides great customer service, and I want everyone to keep up the good work. A good team not only shares a common vision, but also has a set of rules with which everyone can effectively work together. These personnel policies are our team’s rules. Please use them in that spirit. ______________________________ Dave Earling, Mayor 7 CHAPTER I PURPOSE AND SCOPE 1.1 VALUE STATEMENT The City’s primary goal is to provide quality service to its customers, the citizens of Edmonds. To accomplish this goal, we all need to work together as a team. The City places the highest value on our employees and their well-being. We want to see that you are a satisfied worker, with the support and information necessary to achieve the objectives of your position. Only in this manner can your contribution to the City’s organization be the most productive. It is our belief that when consistent personnel policies are known and communicated to all, the choices for greater job satisfaction increase. We encourage you to read these policies. If you have any questions, please ask your supervisor or department director. As you have ideas or suggestions for improvement, please follow the same process. 1.2 INTENT OF POLICIES These personnel policies serve as a general guide to the City's current employment practices and procedures. As such, we hope they will help you better understand how the City operates and what is expected of you as an employee. These policies also describe what the City provides you in terms of compensation, benefits and other support. These policies are not intended to be a contract, express or implied, or any type of promise or guarantee of specific treatment upon which you may rely, or as a guarantee of employment for any specific duration. Although we hope that your employment relationship with us will be long term, we recognize that things may not always work out as hoped, and either of us may decide to terminate the employment relationship. Employees, who are exempt from collective bargaining representation or otherwise deemed executive, managerial, or confidential by the City, are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. No one, other than the Mayor, has the authority to enter into any written or verbal commitment or agreement, which affects the at-will status of such employees. All other employees’ employment status shall be governed primarily by the personal employment contract, collective bargaining labor agreement, civil service rules, City Personnel Policies, or other written document applicable to their individual case. 1.3 SCOPE OF POLICIES These personnel policies apply to all City employees. In cases where these policies conflict with any City ordinance, Civil Service rules and regulations, the provisions of a collective bargaining agreement, an individual employment contract, state or federal law, the terms of that law or agreement prevail. In all other cases, these policies apply. 8 1.4 CHANGING THE POLICIES As the need arises, the Mayor may modify these policies, except that the City Council, by ordinance, maintains the authority to enact any changes in compensation or benefit levels. The Mayor may deviate from these policies in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the City's citizens. Employees may request specific changes to these policies by submitting suggestions to their department director. These Personnel Policies supersede any previous City Personnel Policies. In the event of an amendment to these policies as a result of changes in ordinances, rules, or laws incorporated in this document, these policies shall be deemed amended in conformance with those changes. As updated policies are prepared, they will be incorporated into the on-line document. 1.5 DEFINITIONS Note: For the purposes of the City’s Healthcare Reform Policy, additional definitions and classifications of employees for the purposes of health insurance eligibility may be further defined under section 7.6 Healthcare Reform Policy. Regular Full-Time Employee: An employee who has successfully completed an orientation period (sometimes referred to as probationary or trial period) as defined in these policies and who regularly works a minimum, an average of 30 or more hours per week of forty (40) hours a week. Regular Part-Time Employee: An employee who has successfully completed an orientation period (sometimes referred to as probationary or trial period) and who regularly works less than forty (40)thirty (30) but at least twenty (20) hours a week. Benefits provided to a part-time employee shall be pro-rated based upon the ratio of the regularly scheduled hours per week of the part-time employee to 40 hours per week. Hourly Employee: Employees who work less than twenty (20) hours per week or hold jobs of limited duration due to special projects, seasonal work, abnormal workloads or emergencies. Hourly employees are eligible for only those limited benefits specifically provided for in a written contract or by state or federal law or regulation, or by city ordinance. Volunteer: Volunteers are persons who voluntarily perform work assignments without the expectation of any wage, salary, or benefits, with the exception of Workers’ Compensation coverage. Volunteers may receive only nominal compensation. Volunteers normally work under the direction of a City staff person on City premises and may use City equipment and supplies. Volunteer time is recorded and reported to the State for purposes of obtaining Workers Compensation Insurance. Leased Employees: Leased employees are persons, who are employees of another agency, such as a temporary employment agency, and working on a temporary basis under the direction of the City. Leased employees are not employees of the City; they are not on the City pay or benefit plans; and they are not covered by these Personnel Policies. Immediate Family: For the purposes of these policies, immediate family will be defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father-in-law, step parent, brothers, sisters, and grandparents unless defined differently in a specific section of these policies or in a collective bargaining agreement. 9 CHAPTER II GENERAL POLICIES AND PRACTICES 2.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY The City values diversity in its workforce, and believes a better outcome is achieved when a variety of employees with different backgrounds work together toward a common goal. The City also believes better customer service can be delivered when the workforce is representative of the customers it serves. The City is an equal employment opportunity employer. The City employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job-related qualifications and competence. These policies and all employment practices shall be applied without regard to any individual's sex, race, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, disability, genetic information or other basis prohibited by law. 2.2 DISABILITY DISCRIMINATION/ACCOMODATING DISABILITIES As part of the City’s Equal Employment Opportunity commitment, the City will follow all applicable provisions of the Americans with Disabilities Act (ADA), the Washington State Law Against Discrimination, and other applicable federal, state, and local laws. These laws prohibit the City from engaging in any employment practices that discriminate against qualified applicants or employees with disabilities, including any sensory, physical, or mental impairments. The City will seek to reasonably accommodate qualified applicants and employees who have disabilities that may affect job performance, unless doing so presents an undue hardship to the City. An employee who has a sensory, physical, or mental impairment that affects job performance should inform Human Resources as soon as possible. The City will then discuss with the employee the possibility of providing reasonable accommodations to enable the employee to perform the essential functions of the employee’s job. Whenever possible, the City wishes to accommodate the needs of employees with disabilities, but the City also has an obligation to provide a safe working environment for all employees and others on the premises. The City therefore needs to ensure that an employee’s health condition does not pose a substantial or unreasonable risk of harm to the employee or others. The City may request that an employee provide medical information from treating health care providers to assist in the process. An employee may also be asked to attend a medical evaluation by an independent health care provider at the City’s expense. Employees are expected to fully cooperate, including taking all steps needed to obtain medical information in a timely manner. If the City determines that an employee is unable to perform the essential functions of the job, even with reasonable accommodation, the City will work with the employee in identifying and applying for other jobs that are or may become available and for which the employee may be qualified. 10 2.3 LIFE THREATENING/COMMUNICABLE DISEASES Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves or their co-workers. The City will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions, including discharge, when a substantial and unusual safety risk to fellow City employees or the public exists. 2.4 ANTI-HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT The City is committed to ensuring that the practices and conduct of all its employees comply with the requirements of Federal, State and local laws against employment discrimination. The City strives to maintain a work environment that fosters mutual employee respect and promotes harmonious, productive working relationships. Respectful, professional conduct furthers the City’s mission and promotes productivity, minimizes disputes, and enhances our reputation. The City believes that harassment and retaliation undermine the integrity of the employment relationship. Therefore, the City prohibits harassment and retaliation by any employee towards any other employee, including supervisors. Employees are also prohibited from harassing or retaliating against third parties, including citizens, vendors, and visitors to the workplace. All employees are expected to be sensitive to and respectful of their co-workers and others with whom they come into contact while at the City. The City also prohibits third parties, including citizens, vendors and visitors to the work place, from harassing employees. It is the policy of the City that all employees have the right to work in an environment free from harassment based upon their race, color, religion, gender, national origin, age, marital status, pregnancy, honorably discharged veteran or military status, sexual orientation including gender expression and identity, disability, genetic information, or any other protected status or characteristic. Any such harassment of employees by their co-workers, supervisors or others in the workplace will not be tolerated. A definition of all conduct that could constitute unlawful discrimination or harassment or other unlawful conduct is difficult, if not impossible, to create. For that reason the following list of examples of prohibited conduct is intended to be illustrative but not all-inclusive.  Verbal or physical conduct that demeans or shows hostility or aversion toward another employee or members of the public.  Slurs or demeaning comments to employees or members of the public relating to race, ethnic background, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, or any other characteristic protected by law. Sexual harassment is also a form of unlawful discrimination. Examples of prohibited conduct include but are not limited to:  Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions;  Verbal harassment of a sexual nature, including but not limited to lewd comments, sexual jokes or references, and offensive personal references;  Demeaning, insulting, intimidating, or sexually suggestive comments about an individual;  The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects, pictures, cartoons or photographs; 11  Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages.  Solicitation or coercion of sexual activity, dates or the like with the implied or express promise of rewards or preferential treatment.  Intimidating, hostile, derogatory, contemptuous or otherwise offensive remarks that are directed at a person because of that person’s gender, whether or not the remarks themselves are sexual in nature, where the remarks cause discomfort or humiliation and interfere with the performance of the employee’s duties. Every manager, supervisor, and employee is responsible for creating an atmosphere free of harassment, sexual or otherwise. Each employee is responsible for respecting the rights of co- workers and others, including the citizens they serve. 2.5 COMPLAINT PROCESS: DISCRIMINATION, HARASSMENT, OR RETALIATION Harassment, particularly sexual harassment, and discrimination can be difficult to define. For this reason, the City strongly urges employees to use this harassment and discrimination reporting procedure without worrying about whether the conduct involved would be considered harassment or discrimination in a legal sense. This policy is intended to assist the City in addressing not only illegal harassment and discrimination, but also any conduct that is offensive and inappropriate. If, at any time, you believe that you are being subjected to harassment or discrimination, if you become aware of such conduct being directed at someone else, or if you believe another employee has received more favorable treatment because of discrimination, you must promptly notify Human Resources or a manager or director with whom you feel comfortable. This applies to harassment or discrimination caused by anyone with whom an employee comes into contact with as part of the employee’s job, such as supervisors, co-workers, citizens, vendors or others. Supervisors and managers have an obligation to immediately report to Human Resources and the Mayor any harassment or discrimination that they observe or become aware of during the course of their employment. All reported incidents will be investigated under the following guidelines:  All complaints will be kept confidential to the fullest extent possible. This means they will be disclosed only to management, witnesses, and others as necessary to allow the City to investigate and respond to the complaint, and as may be required by law. However, the City will not allow the goal of confidentiality to be a deterrent to an effective investigation.  A resolution of each complaint will be reached and communicated to the complaining employee.  Anyone who the City concludes has violated the anti-harassment or anti- discrimination policy will be subject to disciplinary action, up to and including discharge. Disciplinary action will depend on the gravity of the offense. The City will take whatever action deemed necessary to prevent an offense from being repeated.  The City will not permit retaliation against anyone who makes a good-faith complaint or who cooperates in good faith in an investigation. Retaliatory conduct will subject the individuals involved to discipline, up to and including discharge from employment. 12  If, after investigating a complaint of harassment or discrimination, the City finds that the complaining employee or other witness has deliberately provided false information, disciplinary action may be taken against the individual who gave the false information. However, an employee will not be disciplined for reporting a complaint in good faith, or for cooperating in the investigation of such claims. The City strongly urges employees to report all incidents of harassment, discrimination or other inappropriate behavior as soon as possible. The City wants to provide employees with a pleasant and productive working environment, and can only do so if these issues are brought to our attention. Please join the City in our efforts to make the City an enjoyable place to work for all employees. 2.6 EMPLOYEE PERSONNEL RECORDS The official Personnel File for each employee is kept in the Human Resources Office. An employee's personnel file contains the employee's name, title and/or position held, job description, department to which the employee is assigned, salary, changes in employment status, training received, certifications, performance evaluations, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. The Police Chief is authorized to maintain specific confidential records on Police Department employees in order to exclude t hem from a subpoena in criminal cases. Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in his/her personnel file. If the City denies the employee's request to remove the information, employees may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, copies of information from an employee’s personnel f ile will not be released to the public, including the press, unless required by law (e.g., pursuant to a legal subpoena or public records request). A copy of the information will be provided the employee. The City will endeavor to provide written notice of a public records request to the employee prior to the date the information is released. 2.7 EMPLOYMENT REFERENCES Only the Human Resources Office or the employee’s department director is authorized to provide employment references, including letters of reference, on a current or former City employee. Other employees shall refer requests for references to the Human Resources Office who will contact the appropriate director. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. 2.8 EMPLOYMENT RIGHTS It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although the City is hopeful that your employment relationship with will be long term, it is recognized that at times things do not always work out as hoped, and either party may decide to terminate the employment relationship. Unless specific rights are granted to employees in employment contracts, collective bargaining agreements, civil service rules, or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. 13 CHAPTER III RECRUITING, HIRING, AND PROMOTION 3.1 VALUE STATEMENT The City values employees who are competent, motivated, productive, and customer oriented. The City believes the most efficient way to attract the most qualified employee is to hire them following a fair and consistent selection and screening process. The City also values an open and competitive employment process in which all qualified applicants have the opportunity to apply for City employment and are selected on the basis of objective job related criteria. 3.2 RECRUITING POLICY Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence, without regard to race, color, religion, national origin, sex, marital status, sexual orientation including gender expression and identity, military or honorably discharged military status, pregnancy, physical handicap, disability, genetic information, age, or any other basis prohibited by law. The Human Resources Office coordinates and monitors the recruitment and selection process for the City to ensure fairness and consistency with the process. Examples of the Office’s involvement include such activities as: applicant screenings, developing interview questions, participating on interview panels, performing reference checks and necessary background checks and sending offer letters. Each applicant shall complete and sign a City application form which includes an authorization to release information, prior to being considered for any position. Resumes may supplement, but will not serve in place of, the City's official application form. Additional materials may be required for Police Department applicants. Vacancy notices for regular positions will be posted internally on the bulletin boards for at least a five (5) day period. In addition, vacancy notices will be sent to outside agencies representing protected classes of persons in order to encourage and attract the broadest range of qualified job applicants. The Human Resources Office may use other sources of recruitment, such as newspaper advertising and the Internet, as needed to attract qualified applicants. The City may choose to advertise a position to the general public at the same time it posts the promotional opportunity within the City. The City reserves the right to seek qualif ied applicants outside of the organization at its discretion. To be considered for promotion, an employee must be employed in their current position for at least one (1) year, and meet the qualifications for the vacant position Applications may not be accepted after the published closing date for the position vacancy. If there are not sufficient qualified candidates at the closing date, the position will be reopened and re-advertised. Applications will be accepted only for a published vacancy opening, and are retained for such period of time in accordance with the Washington State Records Retention policies and requirements. They will not be kept on file for future vacancies. Any applicant supplying false or misleading information is subject to immediate termination, if hired. 14 3.3 HIRING POLICY When a regular position becomes vacant and prior to any posting or advertisement of the vacancy, the department head or division manager shall review the position, its job description, and the need for such a position. The department head or division manager will submit a request to fill the position to the Human Resources Office. The position will be posted and/or advertised after the request is approved. The City may administer pre-employment examinations to test the qualifications and ability of applicants, as determined necessary by the City. The City may also conduct certain background procedures as required by law and/or policy. Examples of such procedures include: requiring applicants/employees to show proof they are authorized to work in the United States and requiring applicants/employees, who have unsupervised access to children or vulnerable adults, to complete a disclosure statement. Additionally, the City may contract with any agency or individual to prepare and/or administer examinations. Residency within the City shall not be a condition of initial appointment or continued employment; provided, however, that an employee's selection of residence shall not interfere with the daily performance of his/her duties and responsibilities including the ability to respond to emergency callouts within an established period of time. The minimum time required for an employee to respond to an emergency callout is established by each Department, or as otherwise noted in the respective collective bargaining agreement for the bargaining unit by which the employee will be represented, or the applicable employment contract. Applicants for positions in which the applicant is expected to operate a motor vehicle must be at least 18 years old and will be required to present a valid Washington State driver's license with any necessary endorsements. They will also be required to furnish a current (within the last 30 days) Driver’s Abstract, which shows any history of driving violations. Applicants with poor driving records, as determined by the City, may be disqualified from employment with the City in positions requiring driving. Applicants, who are under 18 years of age, must provide a valid State Work Permit, signed by a parent or guardian. The City will comply with State law (RCW 41.04.010 or RCW 73.16.010) with regard to any applicable veteran’s preference during the hiring process. After a conditional offer of employment has been made and prior to commencement of employment, the City may require persons selected for certain positions to successfully pass a medical examination and/or psychological test, which may include testing for alcohol and controlled substances. The purpose of the examination is to determine if the individual is able to perform the essential functions of the job, and to ensure any physical or mental condition will not endanger the health, safety or well-being of other employees or the public. The offer of employment is conditioned on the results of the examination, and the City’s ability to reasonably accommodate any revealed disability. A candidate may be disqualified from consideration if: (1) found unable to perform the essential duties of the position (and the individual's condition cannot reasonably be accommodated in the workplace); (2) the candidate refuses to submit to a medical examination or complete medical history forms; or (3) if the Drug/Alcohol exam reveals the use of a controlled substance without a valid prescription. 15 3.4 HOURLY EMPLOYEES Department Directors and Division Managers may use hourly employees for positions which 1) regularly work less than 20 hours per week, 2) perform seasonal employment, 3) to temporarily replace regular employees who are on vacation or other leave, 4) to meet peak work load needs, 5) or to temporarily fill a vacancy until a regular employee is hired. Hourly employees may be hired without a competitive recruitment or examination process, although all hiring processes will comply with City policy and state and federal laws. Hourly employees are considered at-will employees and may be terminated from City employment at any time, with or without cause, and with or without notice, by their Department Manager or Director. Hourly employees are eligible for overtime pay as required by law. Hourly employees normally do not receive vacation, sick leave, health insurance, holidays, or any other benefits during their employment. Hourly employees pay contributions to the Social Security program. Hourly employees will not be placed in the state PERS retirement system or MEBT, although there are a few exceptions depending on PERS and MEBT eligibility criteria. 3.5 ORIENTATION PERIOD Upon hire or appointment, all employees enter an orientation period (also known as a probationary or trial period) that is considered an integral part of the selection and evaluation process. The orientation period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate. The normal orientation period is six months from the employee's date of hire, rehire or promotion, except for uniformed Police personnel which have a twelve (12) month orientation period. The Mayor may authorize the department director to extend the orientation period for up to an additional six (6) months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee. Extensions for represented employees also require concurrence with the Union. The City may terminate an employee without cause from employment at any time during the orientation period. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee, if the previous position is still available. Once the orientation period is successfully completed, the employee may be certified to regular employment status. Satisfactory completion of the orientation period does not create an employment contract or guarantee employment with the City for a specified duration. During their orientation period, employees may use their accrued sick leave or any accrued compensatory time from the beginning of their employment, but may not use earned vacation until they have successfully completed their orientation period. Police personnel may use vacation after the completion of the first six (6) months. 3.6 EMPLOYMENT OF RELATIVES (NEPOTISM) The immediate family of current City employees and City Council members will not be employed by the City where: 16  One of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other;  One party would handle confidential material that creates improper or inappropriate access to that material by the other;  One party would be responsible for auditing the work of the other; or  Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. If two employees marry, become related, become registered domestic partners, or begin sharing living quarters with one another, and in the City's judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the City, unless reasonable accommodations, as determined by the Mayor in consultation with Human Resources and/or the City Attorney, can be made to eliminate the potential problem. The decision as to which employee will remain with the City must be made by the two employees within thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the City reserves the right to terminate either employee. 3.7 PROMOTIONS The City encourages promotion from within the organization whenever possible. All openings will be posted so employees may become aware of opportunities and apply for positions in which they are interested and qualified. Employees must remain in a position for a minimum of 12 months before they can apply for a promotion, unless this requirement is waived by the Department Director or the Mayor. Employees who are promoted into a new position, will be required to serve a new 6 month orientation period. Police Department personnel who are promoted into a new position will be required to serve a new 12-month orientation period. If the employee is unsuccessful during their orientation period, he or she may be placed back in their previous position, if the position still exists. 3.8 TRANSFERS/LATERAL MOVES Upon recommendation of the appropriate department director and concurrence of the Human Resources Office or designee, or to meet the needs of the City, a transfer may be made. Transfers are based on work force requirements, performance evaluations, job descriptions, related City requirements, and the supervisor's recommendation, unless otherwise noted in an applicable collective bargaining agreement. To be considered for another position, an employee must have satisfactorily completed the probationary period for the employee's current position and possess the qualifications for the vacant position, unless such requirements are waived in the best interests of the City. A new probationary period shall be established for any employee who requests a transfer. A transfer shall not be used to circumvent regulations regarding promotions, demotions, or terminations. 3.9 REHIRE The City may rehire previous employees, provided they performed satisfactorily in their previous employment with the City. If an employee has retired from the Washington State Retirement System, they cannot exceed the Washington DRS employee maximum hours per year. 17 3.10 JOB ASSIGNMENTS It is the supervisor's responsibility to maintain the employee's primary job assignments within the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. Revised job descriptions, along with the appropriate pay grade, are subject to the Mayor's approval, before submittal to the Human Resources Office and City Council for their approval. 18 CHAPTER IV HOURS AND ATTENDANCE 4.1 VALUE STATEMENT The City values dependability, attendance, and punctuality with its employees. The City’s staffing level requires each employee to do their share of the workload and not to overburden others because of attendance problems. 4.2 STANDARD WORK HOURS Although the City's normal business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m., the City uses a variety of different work schedules to meet the varied service demands of the public. Departments are allowed to establish regular work schedules, including alternatives such as flextime and four/ten schedules, provided that they do not conflict with business needs, and subject to the Mayor’s approval. Due to the nature of the City's operations, longer hours may be necessary in some instances, and overtime may be required by the supervisor. A normal work schedule for regular, full-time employees consists of forty (40) hours each workweek. Different work schedules, such as in the case of the Police Department employees, have been established by the City to meet job assignments and provide necessary City services. Each employee's immediate supervisor will advise the employee regarding his/her specific working hours. Part-time and hourly employees will work hours as specified by their supervisor. 4.3 OVERTIME All City positions are designated as either "exempt" or "non-exempt" according to the Fair Labor Standards Act ("FLSA") and Washington Minimum Wage Act regulations. Employees will be informed of their overtime status at the time of their appointment. For most City employees, the established work period is forty (40) hours within a seven (7) day workweek. Public Safety personnel may have a modified work period as established in the collective bargaining agreements. All personnel are responsible for accurately reporting all hours worked on time sheets supplied by the City. Employees failing to accurately record time worked are subject to discipline. Overtime is recorded to the nearest 15 minute increment. Non-exempt employees are entitled to additional compensation (overtime), either in cash or compensatory time off, when they work more than the maximum numbers of hours during a work period. All overtime must be authorized in advance by the employee's supervisor, although exceptions may be made for emergency situations. Overtime may not be voluntarily worked without the supervisor’s permission. Overtime pay is calculated at one and one-half times the employee's regular rate of pay for all time worked beyond forty (40) hours in a workweek, provided that public safety personnel may have a different work period, and therefore a different overtime threshold). When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time), is not counted as hours worked. 4.4 COMPENSATORY TIME Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment. This is approved on a case-by-case basis by the supervisor. The City is not required to grant comp time instead of overtime pay. If the compensatory time option is 19 exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory time shall be limited to forty-eight (48) hours for regular employees. After maximum accrual, overtime compensation shall be paid. Compensatory time, which has been credited to an employee, may be converted to overtime pay at any pay period at the employee’s request. Employee compensatory time balances may be reviewed at least annually as part of the City's budget process. Use of compensatory time must be approved by the supervisor. Time off can be requested by the employee or directed by the supervisor. Exempt employees are not covered by the FLSA or the Washington Minimum Wage Act overtime provisions. They may earn compensatory time as follows; Department Directors and Division Managers will work under an informal honor system for discretionary time off. All other exempt employees shall receive compensatory time for nightly meetings, emergency callouts, and other similar times, which they are required by their supervisor to work. Compensatory time generally will not be earned for short term extensions of the regular workday or assignments, such as staying late or coming in early, without the prior approval of the supervisor. Compensatory time shall be earned at the straight time rate, that being one hour of compensatory time for each hour worked, as specified above. Exempt employees, who are regularly scheduled for night meetings should be assigned a flex schedule to adjust for the meeting times. Exempt employees will be allowed to accumulate up to 48 hours of compensatory time during the year. If additional time is earned after the maximum is reached, the exempt employee will be paid for the excess time or given the time off during the next pay period. Employees may use compensatory time within a reasonable time period after making a request to their supervisor, unless doing so would unduly disrupt City operations. Compensatory time should be used for short-term absences from work during times mutually agreed to by the employee and his/her supervisor. Accumulation of compensatory time to be used as a substitute for extended vacation time off is not normally permitted, however may be approved on a case-by-case basis by the Department Director or Mayor. Use of compensatory time may either be requested by the employee or directed by the supervisor. 4.5 ATTENDANCE Regular and punctual attendance is an essential function of every position in the City. Each supervisor is responsible for maintaining an accurate attendance record of his/her employees. Every employee has the responsibility of maintaining a good attendance record. Employees are expected to be at the assigned place of work during their scheduled work time. Employees unable to work or report to work on time should notify their supervisor as soon as possible, ordinarily before the work day begins or within thirty (30) minutes of the employee's usual starting time. If an absence continues beyond one day, the employee is responsible for reporting in each day. If the supervisor is unavailable, the employee may leave a message with the Department Director or his/her designated representative, stating the reason for being late or unable to report for work. An employee who is absent without authorization or notification is subject to disciplinary action, up to and including possible termination. 20 4.6 UNUSUAL WEATHER CONDITIONS During times of inclement weather or natural disaster, it is essential that the City continue to provide vital public services. Therefore, it is expected that employees make every reasonable effort to report to work without endangering their personal safety. An employee who is unable to get to work or leaves work early because of unusual weather conditions may charge the time missed to: vacation, floating holiday, compensatory time, or leave without pay. The employee shall advise the supervisor by phone as in any other case of late arrival or absence. Employees, who are sent home without prior notice by their employer and therefore denied the opportunity to work, shall continue to receive their normal pay for the rest of the day in which they are sent home. 4.7 MEAL AND REST BREAKS Except in urgent situations, personal phone calls and conversations should occur during meal periods and rest breaks rather than during working time. An exempt employee is expected to effectively handle his or her meal period and rest break schedule. The following policy applies only to non-exempt employees. A non-exempt employee must notify his or her supervisor at the end of the shift if he or she has not had a meal period or rest break. A non-exempt employee who works at least five (5) hours in a workday will be provided an unpaid meal period of at least thirty (30) minutes, approximately midway through the workday, unless otherwise specified. Non-exempt employees must not perform any work during the meal period, and must take at least thirty (30) minutes completely off work. Employees working at least (3) three hours longer than a normal workday will be allowed a meal period before or during the overtime portion of the shift. A “normal workday” is the shift the employee is regularly scheduled to work. If the employee’s scheduled shift is changed due to working a double shift, or working extra hours, the additional meal period will be permitted. Employees working a regular twelve (12) hour shift will be entitled to a second meal period. A non-exempt employee will be provided one (1) paid fifteen (15) minute rest break for every four (4) hours worked. Rest breaks may be taken on a scheduled or intermittent basis as determined by the employee’s supervisor. These rest breaks are for the purpose of a few minutes of relaxation. The City asks employees to please not stay away from their job beyond the time allotted. Rest breaks are paid, but may not be used to extend a lunch period, leave early, or arrive late. Police Department employee meal and break times will be consistent with the appropriate Collective Bargaining Agreement. For one year following childbirth, non-exempt employees who are nursing mothers are entitled to unpaid breaks during the workday for the purpose of expressing breast milk. The City will provide a suitable, private location for these breaks. 4.8 CALLBACKS All employees are subject to call back in emergencies or as needed by the City to provide necessary services to the public. A refusal to respond to a call back is grounds for immediate disciplinary action, including possible termination. Employees called back to duty will be paid their appropriate rate of pay for hours worked or according to the collective bargaining agreement, whichever is appropriate for the employee. 21 4.9 PAYROLL RECORDS The official payroll records are kept by the Finance Office. Each employee shall submit a signed time sheet to their supervisor for approval each pay period. Each supervisor is responsible for submitting a time sheet (signed by the employee and the supervisor) to Finance, for each employee within their department, noting hours worked, leaves taken, and overtime worked. Each department director is responsible for assigning the payroll entry for his/her department to appropriate personnel in the department. The Mayor shall sign time sheets for all Department Directors. 22 CHAPTER V COMPENSATION 5.1 VALUE STATEMENT The City strives to reach a balance between fairness in pay for all employees and rewarding excellent job performance for the deserving individual. It believes in paying competitive wages in order to attract qualified candidates for job vacancies. Pay is one of several means to reward job performance. 5.2 SALARY CLASSIFICATION AND GRADES Each regular position within the City is classified into a classification title for salary purposes. Each classification title is designated a particular salary or salary range as shown on the City's salary and wage schedule, which is approved in the labor agreement or annually by the City Council. All regular employees are assigned to a classification title and provided a job description. This job description shall be reviewed annually with the employee and the supervisor during the employee’s performance evaluation, and any changes to the description shall be referred to the Human Resources Office. Any sig nificant change in a job assignment, which may subsequently require a change in salary grade assignment, must have prior approval by the Mayor and City Council, and the appropriate Union as needed. 5.3 PAY RATES Employees shall be paid within the limits of the wage range to which their positions are assigned. Usually, new employees will start their employment at the minimum pay grade or wage range for their classification. However, a new employee may be employed at a higher rate than the minimum when the employee's experience, training or proven capability warrant, or when prevailing market conditions require a starting rate greater than the minimum, subject to the Mayor's approval. 5.4 UNION EMPLOYEES Employees, who are covered under a collective bargaining agreement, shall be compensated in compliance with the terms of the respective collective bargaining agreement. The Mayor or his representative and the Union’s bargaining agent must approve any deviation f rom such agreement in writing. 5.5 NON REPRESENTED EMPLOYEES The City’s non-represented compensation policy strives to maintain equity, by offering competitive salaries and benefits in order to attract and retain high quality staff and an effective work force. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable jobs, and within budget limitations. It is also the policy of the City to strive to maintain salaries that are internally equitable, in proper relationship to all other jobs within the City, within reasonable budget parameters. 23 SALARY RANGE PROGRESSION Salary ranges for non-represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven-step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may be offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range is subject to approval by the Mayor prior to the offer of employment. Employees are advanced to the next salary step increment after satisfactorily completing the first six months of probation. After this, employees advance to the next step in the salary range on the January following their anniversary date and each succeeding January after a concurrent satisfactory overall performance evaluation hasevaluation has been completed by their supervisor, until reaching the maximum step. An employee is considered not to have achieved a satisfactory overall performance rating if two or more performance category areas in the evaluation receive less than a “meets standards” rating. An employee who fails to achieve at least a satisfactory overall s performance onrating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. Employees who do not achieve a satisfactory overall performance rating will be immediately placed on a performance improvement plan (PIP). The PIP will provide clear expectations to the employee for the work performance items that must improve in order for the employee to achieve a satisfactory overall performance rating by the next evaluation period (usually 3 and/or 6 months) as determined under the PIP. A PIP also serves as a work plan for the employee that will likely include individualized, supervisor-provided feedback and counseling on improving work performance, as well as outlining any necessary areas of training or retraining in order for the employee to succeed on the PIP. In the event of promotion of a non-represented employee to another non-represented job classification in a higher salary range, the employee will be placed on the first step of the new salary range or the lowest step in the new range that results in an increase to their current salary. After this, the employee would follow the salary range progression described above for new employees. To ensure internal equity, employees promoted from a represented position to a non- represented position in a higher pay range, will be placed on the first step of the new salary range, or the lowest step in the new range that results in an increase to their current salary, including consideration of other cash compensation being received in the former position. After this, the employee would follow the salary range progression described above for new employees. In the event of a lateral placement of a non-represented employee to another non-represented job classification in the same pay range, the employee will not receive a salary increase. ANNUAL SALARY ADJUSTMENTS 24 The Mayor will recommend the adjustment of salary ranges for non-represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. The Mayor’s recommendation will take into consideration the average adjustment negotiated and approved for represented employee groups. Each employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. In addition, the City will attempt to mitigate compression issues as they arise. The Mayor will make appropriate and timely recommendations to City Council to maintain internal equity and prevent compression issues. MARKET ANALYSIS The Human Resources Department will conduct compensation surveys for each non- represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation (“Qualified Comparable Cities”):  Comparable cities must be located in Snohomish, King, Pierce, Thurston, or Kitsap counties; and  Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and  The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over/under criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. Additionally, private sector data will be gathered and considered where it is a significant factor in the City’s competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well-defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Non-benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume 25 the position of a lead pay policy compared to the market; therefore the median or 50th percentile of the mid-range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments for non-represented positions to City Council. The Mayor will consider the following criteria in developing the recommendation: 1. Maintain the mid-point of each salary range between 5% high/low of the mid-point of the comparator city median. 2. Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. 3. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new pay ranges. 4. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. 5.6 PROMOTION Any represented employee promoted to a position in a higher classification and salary range shall receive a promotional pay increase to either 1) the entry step or salary of the new salary range, 2) the next highest available pay step in the new range which provides at least a 5% increase in pay, or 3) to start at the bottom of the pay grade of the higher classification, whichever is greater. Changes in salary due to a Reclassification of a position will be treated the same as a Promotion. Promotions change an employee's pay anniversary date and subsequent merit pay reviews. 5.7 PAYDAYS City employees are paid semi-monthly on the 5th and the 20th of each month. If a regularly scheduled payday falls on the weekend or a holiday, the paychecks will be distributed on the last preceding regularly scheduled working day. Automatic deposit is available upon request. Pay increases, other than those occurring upon the 1st or the 16th of the month, become effective at the beginning of the next pay period. 5.8 ERRORS IN PAY Every effort is made to avoid errors in paychecks. However, any employee who believes that an error has been made should contact the Finance Department immediately. The Finance Department will take the necessary steps to research the problem and to assure that any necessary correction is made properly and promptly. An employee reporting an error will be notified in writing within 15 business days of the outcome. An employee who believes further discrepancies exist should submit a written complaint to the Mayor immediately. If an employee has been overpaid in error, the City will ask that the amount be repaid by payroll deductions or by agreement, consistent with applicable laws. 5.9 DEDUCTIONS Some regular deductions from the employee's earnings are required by law; all other deductions must be approved by the City and specifically authorized in writing by the employee. The City will withhold from the employee's paycheck those deductions required by law and any voluntary deductions approved by the City and authorized by the employee, by applicable union contract, or by statute or regulation. 26 5.10 ACTING PAY When an employee is temporarily assigned to work in a position with a higher pay rate in order to fill a vacancy or act on behalf of an absent employee, the employee shall be paid Acting Pay in the amount of either the minimum of the salary rate of the acting position or a 5% increase in base pay, whichever is greater. To qualify, the employee must be assigned to the acting position for a period of ten (10) or more consecutive workdays. Acting Pay is limited to a six month period as noted in the City Ordinance. Any extenuating circumstances requiring Acting pay for a period beyond six months are subject to the Mayor and City Council’s approval, or subject to applicable Civil Service Rules. 5.11 SPECIAL DUTY PAY The mayor is authorized to pay any manager or director level employee special duty pay in addition to that person’s regular compensation when the mayor has temporarily assigned special duties to that person. No employee may receive special duty pay for longer than one year without city council approval. “Special duties” are defined as those duties not included as “Primary Duties and Responsibilities” in the employee’s official job description and not otherwise associated with the employee’s position. Special duty pay shall consist of up to ten percent of the employee’s salary at the time the special duties are assigned. The mayor is authorized to grant to each such employee up to five percent (5%) for special duty pay at the mayor’s discretion, and shall be based upon the scope of the additional responsibilities identified by the mayor. If the mayor determines that special duty pay above five percent (5%) is warranted for a particular employee, the mayor will be authorized to grant up to ten percent (10%) for special duty pay upon prior approval by the City Council. 5.12 COMPENSATION UPON TERMINATION When an employee's employment with the City is terminated, the employee will receive the following compensation on the next regularly scheduled payday including: 1) regular wages for all hours worked up to the time of termination which have not already been paid; 2) any overtime or holiday pay due; 3) A lump sum payment of any accrued but unused vacation and compensatory time and; 4) any employee-paid health insurance premiums paid in advance for health insurance coverage. Accrued sick leave will be paid in accordance with City Ordinance for Non-Represented employees or the applicable collective bargaining agreement for Union Employees. 5.13 RECLASSIFICATION It is the supervisor's responsibility to maintain the employee's primary job assignments within the scope of the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. In the event that an employee is eligible for a reclassification as determined by his/her supervisor, a reclassification form and a revised job description, along with the recommended pay grade should be submitted to Human Resources for review. All revised job descriptions and reclassification requests are subject to the Mayor's approval, before submittal to the City Council for their approval and/or the respective Union as required. 5.14 COMPLETION OF ORIENTATION PERIOD 27 Upon the successful completion of an orientation period, the represented employee is eligible for a pay step increase, depending upon their pay schedule and provided that they do not exceed the approved pay range for their position classification. 28 CHAPTER VI PERFORMANCE EVALUATIONS AND TRAINING 6.1 VALUE STATEMENT The City values honest communications and the desire to improve services to the customer. It believes these values are the foundation of a Performance Evaluation leading to a positive outcome. Personal development and changes in the work environment require continuous training, communication, and ongoing commitment from both the employee and the City. 6.2 PERFORMANCE EVALUATION POLICY To achieve the City's goal to train, promote and retain the best qualified employee for every job, the City conducts periodic performance evaluations for all positions. Each supervisor is responsible to set and communicate clear performance standards for his or her employees at the beginning of and throughout the review period. Employees are to be evaluated by their supervisor at both the midpoint and the completion of their orientation period and normally once every 12 months thereafter, unless otherwise specified in the employee’s respective collective bargaining agreement. Additional performance appraisals or performance improvement plans may be given, if necessary. Performance review dates are changed following a promotion with a new orientation period. Employees should complete a self-evaluation form for their upcoming evaluation as directed by their supervisor. During the evaluation process, the employee and the supervisor will review the Department’s goals and the employee’s role in the Department. They will also review the employee’s self- evaluation, job description and rate the employee’s job performance outcomes in each of the assigned responsibilities. If changes in the job description are needed to ensure its accuracy, the corrections will be forwarded to the Human Resources Office. The employee and supervisor will discuss and select a course of personal training, which will improve the employee’s job performance. Goals for the next year and a training plan will be included in the perf ormance evaluation. The evaluation will be signed by the employee, the supervisor, and the Department Director, and forwarded to the Mayor for review and to the Human Resources Office to be placed in the Personnel File. A copy should be retained by the Supervisor for periodic checkups. If the employee disagrees with the evaluation, he or she is allowed to submit written rebuttal comments to be placed in their personnel file along with the evaluation. The evaluation is part of an employee's personnel record and may be a factor in determining the employee's conversion to regular status, whether the employee receives a wage increase, or is to be promoted, transferred, demoted, laid off, or terminated. 6.3 TRAINING POLICY The City seeks, within the limits of available resources, to offer training to increase an employee's skill, knowledge and abilities directly related to his or her position, to obtain or maintain required licenses and certifications, and to develop a career path within the City organization. Opportunities may include, but are not limited to: on-the-job training, in-house workshops and seminars sponsored by other agencies or organizations. When training opportunities are identified, the Department will complete an AUTHORIZATION TO TRAVEL and ATTEND TRAINING and submit the registration. Each Department is responsible for budgeting and paying for training for their employees (for courses not specifically approved as outlined in the college reimbursement policy below). Following completion of the 29 training program, a copy of the AUTHORIZATION will be filed in the employee’s Personnel File. Training programs, which are required by the City, are paid by the City, including the employee's wages, travel, registration, and, if needed, out of area expenses directly related to the training. For the purposes of insurance, the employee is to make every reasonable effort to use a city vehicle to attend training events. In the event that using a city vehicle is not possible, the employee will be reimbursed for mileage under the current IRS regulations and as noted in the Edmonds City Code. Training programs that are initiated by the employees and not required by the City, (such as certification programs) are considered as voluntary programs and will not be paid by the City, unless a direct benefit to the City can be shown. If a benefit can be shown, the City may pay for all or a portion of the training costs, but not to include wages. 6.4 COLLEGE REIMBUSEMENT The City will reimburse full tuition for college courses that are required for; 1) advancement to the next promotional rank up to an Associate’s Degree level (90 credit hours), and 2) to maintain or upgrade a required certificate or license. Employees must obtain a passing grade of C and/or 2.0 or better in order to qualify for reimbursement of the class at the rate established below. Employees, who take college courses leading to a Bachelors or Master’s degree, will be reimbursed 50% of the tuition costs. This course work must be an educational requirement of a future position in the City, which has been previously identified in the performance evaluation as the employee’s career goal. Employees must obtain a passing grade of B and/or 3.0 or better in order to qualify for reimbursement of the class at the rate established below. Tuition costs will be based upon comparable public education credit hours and charges. Employees will not be on paid City time while attending such courses nor will books, transportation, or course material costs be reimbursed. The maximum costs per employee for college reimbursement in a calendar year cannot exceed $2000. Tuition Reimbursement is available to the extent funds are budgeted. Should inadequate funding be available in the budget in any given year to reimburse all requests, reimbursements will be made on a “first come, first served” basis. In the event that an employee leaves employment with the City within twenty-four (24) months after receipt of tuition reimbursement funding, the employee shall reimburse the City for the amount they received from the beginning of the previous 24 months. 30 CHAPTER VII BENEFITS All benefit programs are administered by the Human Resources Office. For any and all benefits and eligibility related questions, please contact Human Resources. 7.1 MEBT The Municipal Employee Benefit Trust (MEBT) is a City retirement program provided in lieu of the federal Social Security benefit. The City does not participate in the federal Social Security Trust, excluding Medicare (employees, who are hired after April 1986, must contribute into Medicare). The MEBT benefit is made up of three components: a retirement benefit, long-term disability insurance, and a $75100,,000 term life insurance benefits for survivors. Participation in MEBT is mandatory. The City and all employees make payroll deduction contributions (pre- tax) into the MEBT program in the amount normally paid through a FICA deduction. Employees can also make additional voluntary after-tax contributions into the MEBT program. All hourly and part-time employees working less than 1000 hours per year are not eligible to participate in MEBT, and are required to pay into the Social Security program. 7.2 STATE RETIREMENT All regular public safety employees in the police department are covered by the Law Enforcement Officers' and Firefighters Retirement System (LEOFF 2). Benefit levels and contribution rates are set by the State of Washington. All regular full-time non-uniformed employees are covered under the Public Employees Retirement System (PERS). Both retirement programs are administered by the Department of Retirement Systems (DRS). Regular part time employees are covered, provided they work at least 70 hours per month for five or more months each year. Benefit levels and contribution rates are set by the State of Washington. Participation is mandatory. Employees intending to retire should plan to attend a retirement planning seminar provided by the State. They should also notify their department head and the DRS of their intent to retire at least three months prior to the date of retirement. 7.3 DEFERRED COMPENSATION Deferred Compensation is a tax shelter program provided to City employees through IRS code 457. Employee deposits are subject to limitations defined by the IRS. Deferred Compensation is a voluntary program made available through payroll deduction (pre-tax), and funded by individual employee contributions only. The City provides several deferred compensation plan vendors, which allows employees to select investment options of their choice. 7.4 INDUSTRIAL ACCIDENT INSURANCE (WORKERS COMPENSATION) All employees (except LEOFF I) are covered by the State Workers' Compensation Program. This insurance covers employees for on-the-job injuries or job-related illnesses. All job-related accidents should be reported immediately to the supervisor. For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and specific medical costs due to job-related injuries or illnesses. All employees who have enough accrued sick leave are eligible to turn their time loss check over to the City for paid (“sick”) leave “buy back.” When an employee receives treatment because of an on-the-job accident/injury, the physician/hospital will file a claim for Workers' Compensation (L&I). In the event of absence due 31 to injury, the employee may use their paid leaves to keep them in paid status while their claim is under consideration for approval of benefits by L&I. When the employee receives Workers' Compensation benefits, he/she is required to turn their time loss check over to the City so that the City can use the check to buy back a portion of the paid leaves used by the employee which shall be restored to the employee’s leave balances. This policy is to ensure that employee will receive prompt and regular payment during periods of injury or disability so long as disability continues, and to allow the employee to maintain as much accrued sick leave as possible after the buy back. The employee will not receive more than he/she would have received had the injury not occurred. In the event that an employee does not have enough accrued leave to keep them in paid status during their period of disability (as certified by their doctor) due to their work related injury, the employee will keep the time loss check from L&I and no buy back will be processed. Employees cannot receive Worker's Compensation benefits and paid sick leave for the same time period. Additionally, absence from work due to a work-related (L&I) approved injury may not be eligible for DRS service credit hours. In accordance with state law, the City will also provide a wage supplement to LEOFF II employees who are receiving worker’s compensation due to an occupational injury or illness. The supplement shall be in an amount which when added to the worker’s compensation will result in the same pay the employee would have received for full time active service. The supplemental benefit begins on the sixth day of absence from work. The City pays one half of the supplement and the other half is charged to accrued paid leave in the order of Sick Leave, Compensatory Time, Holiday, and Vacation. The supplement and use of accrued sick leave shall continue, as long as the employee is receiving worker’s compensation, to a maximum of six (6) months from the date of the injury. If the employee returns on a part time basis, the supplement and accrued sick leave shall be pro-rated. The employee must furnish a physician's release to return to full work duty without restrictions before returning to work. At any time during the disability period, but no later than six (6) months from the last day worked, the City may require an examination at its expense, performed by a physician of its choice to determine if the employee can return to work and if he/she will be capable of performing the essential duties of the position. 7.5 HEALTH INSURANCE Regular full-time and part-time employees (working 20 or more hours per week) and their dependents are eligible to participate in the City's medical, dental, and vision insurance programs. The programs and criteria for eligibility will be explained upon hire. The City contributes toward the cost of premiums in the amounts authorized by the City Council and the labor agreements. The remainder of the premiums, if any, shall be paid by the employee through payroll deduction on a pre-tax basis. The City reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees, and in compliance with the terms of the respective collective bargaining agreements. Part Time employees, who regularly work 20 or more hours each week during the full calendar year, are entitled to participate in the insurance program. Their insurance costs will be pro-rated depending upon the average number of hours they are scheduled to work during the year. Hourly employees, including those who occasionally work 20 or more hours in a week, are not eligible for insurance coverage. 32 7.6 HEALTHCARE REFORM POLICY HEALTH COVERAGE The City’s policy is administered in accordance with the Employer Shared Responsibility provisions of the Patient Protection and Affordable Care Act (PPACA), as amended. Under the terms and conditions of this policy and the City’s health benefits plan, the City provides health coverage to full-time employees and their dependents up to age 26. The benefits, terms, and conditions of the City’s health benefits plan, including costs owed by eligible employees, are explained in the separate plan documents attached hereto, including the Regence Healthfirst PPO and AWC GHC $10-Co-pay plan, AWC WDS Delta Dental Plan F and AWC VSP $10-Co- pay summary of benefits sheets (collectively referred to herein as the “Plan”). If there are conflicts between this policy, the Plan, and any collective bargaining agreements, the document satisfying the minimum protections of the PPACA shall apply. DEFINITIONS AND CLASSIFICATIONS In order to properly implement its provisions, the following definitions and classificat ions from the PPACA will apply to this policy: Full-time. At time of hire or change in job classification, employee is reasonably expected to work, on average, 30 or more hours per week. Full-time employees are eligible for health coverage and will be enrolled in health coverage as specified in the Plan. In no event shall the date of enrollment be later than the first day of the month following the date of hire or the date of change in job classification. Part-time. At time of hire or change in job classification, employee is reasonably expected to work, on average, less than 30 hours per week. Part-time employees are subject to monthly and annual hours limitations and are generally not eligible for health coverage, unless otherwise specified under the terms of the Plan or applicable collective bargaining agreement. Under the City Personnel Policies, part time employees, who regularly work 20 or more hours each week during the full calendar year, are entitled to participate in the insurance program. Their insurance costs, for themselves and any eligible dependents, will be pro-rated depending upon the average number of hours they are scheduled to work during the year. If, based on prior City approval, a part-time employee averages 30 or more hours per week during a measurement period (discussed below), the employee will be deemed a full-time employee, eligible for health coverage during a subsequent stability period (discussed below). Variable-hour. At time of hire or change in job classification, the City cannot reasonably determine whether employee will or will not average 30 or more hours per week. Variable-hour employees are subject to monthly and annual hours limitations and are generally not eligible for health coverage, unless otherwise specified under the terms of the Plan or applicable collective bargaining agreement. If, based on prior City approval, a variable-hour employee averages 30 or more hours per week during a measurement period (discussed below), the employee will be deemed a full-time employee, eligible for health coverage during a subsequent stability period (discussed below). Seasonal. At time of hire or change in job classification, employee is hired or re-hired into a position for which the customary annual employment is approximately six months or less, beginning in approximately the same season of each calendar year. Seasonal employees are subject to a mandatory annual break in service of approximately six continuous months and are 33 not eligible for health coverage, unless otherwise specified under the terms of the Plan or applicable collective bargaining agreement. Dependents. Children of full-time employees up to age 26 (including the entire calendar month in which a child turns age 26). Includes biological and adopted children. Excludes spouses, domestic partners, stepchildren, and foster children. Dependents of full-time employees are eligible for health coverage. Dependents of part-time employees who regularly work 20 or more hours each week during the full calendar year are also eligible for health coverage. Volunteers Individuals who provide services to the City on a voluntary basis and whose compensation is limited to: (1) reimbursement for reasonable expenses incurred in the performance of services as a volunteer; (2) reasonable fringe benefits, excluding health coverage; and/or (3) nominal fees or honorarium provided in connection with services as a volunteer. Volunteers are not employees and are not eligible for health coverage. WORK HOURS LIMITATIONS In order to properly implement its provisions, the following work hours limitations apply to this policy: For certain employee classifications, the City restricts the maximum annual and/or monthly hours of work. Full-time employees are not subject to an annual or monthly hours limitation and may work 30 or more hours per week, without limit, unless otherwise limited by the City’s overtime policy, job description, the terms of any applicable collective bargaining agreement, or the terms of any other City policy or agreement. Full-time employees are not subject to initial or standard measurement, administrative, or stability periods (discussed below). Part-time employees are subject to an annual hours limitation and may not exceed 950 hours annually without prior City approval. In addition to an annual hours limitation, part-time employees may not exceed 125 hours in any single calendar month without prior City approval. Part-time employees are subject to initial and standard measurement, administrative, and stability periods (discussed below). Variable-hour employees are subject to an annual hours limitation and may not exceed 950 hours annually without prior City approval. In addition to an annual hours limitation, variable-hour employees may not exceed 125 hours in any single calendar month without prior City approval. Variable-hour employees are subject to both initial and standard measurement, administrative, and stability periods (discussed below). Seasonal employees may work up to 29 hours per week, unless otherwise specified by the City’s overtime policy, job description, the terms of any applicable collective bargaining agreement, or the terms of any other City policy or agreement. If the seasonal employee’s workload exceeds 29 hours per week or any other of the above guidelines, the Department Director for that seasonal employee must have approval by the Mayor to work their seasonal employees 30 hours a week and more than 346.67 hours per season and must have an annual break in service of approximately six continuous months before being eligible for re-hire. Seasonal employees may work longer than six months with prior City approval. Seasonal employees are subject to initial and standard measurement, administrative, and stability periods (discussed below). 34 MEASUREMENT AND ADMINISTRATIVE PERIODS – INITIAL PERIODS The City uses a 12-month initial measurement period to measure the hours of new part-time, variable-hour, and seasonal employees. The City uses an initial administrative period of not longer than two months, divided in two phases. The first phase begins on the date of hire of a new part-time, variable-hour, or seasonal employee and continues until the last day of that calendar month. The second phase begins at the end of the 12-month initial measurement period and lasts for one full calendar month. The purpose of the first phase of the initial administrative period is to reduce administrative complexity by consolidating all new part-time, variable-hour, and seasonal employees hired during a month into the same initial measurement and stability periods. The purpose of the second phase of the initial administrative period is to allow the City to calculate the hours worked by employees during the initial measurement period and to enroll eligible employees in health coverage. The City uses a 12-month initial stability period for purposes of providing or excluding health coverage to new part-time, variable-hour, and seasonal employees. If an employee works an average of 30 hours or more per week during an initial measurement period, the employee will be deemed a full-time employee and will eligible for health coverage during the initial stability period, regardless of the hours worked during the initial stability period, so long as the employee remains employed by the City. If an employee works an average of less than 30 hours per week during the initial measurement period, the employee will not be deemed a full-time employee and will not be eligible for health coverage during the initial stability period, regardless of the hours worked during the initial stability period. Initial Administrative Period (Phase 1) -- Begins on date of hire, continues until end of month. Initial Measurement Period -- Begins on first day of first full calendar month following date of hire and continues for 12 months. Initial Administrative Period (Phase 2) -- Begins on first day of first full calendar month following Initial Measurement Period and lasts for the entire month. Initial Stability Period -- Begins on first day of first full calendar month following Phase 2 of Initial Administrative Period and continues for 12 months. To determine the average hours worked by each employee during the 12-month initial measurement period, the City will divide the employee’s total hours worked during the period by 52. Example:  Employee A is hired as a new variable-hour employee on April 2, 2015. Employee B is hired as a new part-time employee on April 15, 2015.  Under the first phase of the initial administrative period, Employee A is placed into an initial administrative period from April 2, 2015 through April 30, 2015. Employee B is placed into an initial administrative period from April 15, 2015 through April 30, 2105. The purpose of the first phase of the initial administrative period is to reduce administrative complexity by consolidating all new part-time, variable-hour, and seasonal employees hired in the same calendar month into the same initial measurement and stability periods. 35  Employee A and Employee B both have initial measurement periods beginning May 1, 2015 and ending April 30, 2016 (12 months).  Employee A and Employee B are both subject to the second phase of the initial administrative period, beginning May 1, 2016 and ending May 31, 2016 (one month). During this period, the City calculates Employee A’s and Employee B’s hours worked during the initial measurement period.  Employee A and Employee B are both subject to an initial stability period beginning June 1, 2016 and ending May 31, 2017 (12 months). If either employee averaged 30 or more hours per week during the initial measurement period, he/she will be offered and enrolled in health coverage during the initial stability period. If either employee averaged fewer than 30 hours per week during the initial measurement period, he/she will be excluded from health coverage during the initial stability period. MEASUREMENT AND ADMINISTRATIVE PERIODS – STANDARD PERIODS The City uses a 12-month standard measurement period to measure the hours of all ongoing part-time, variable-hour, and seasonal employees hired on or before the start of a standard measurement period. The City uses a standard administrative period of 31 days. The purpose of the standard administrative period is to calculate the hours worked by employees during the preceding standard measurement period and to enroll eligible employees in health coverage during the resulting standard stability period. The City uses a 12-month standard stability period for purposes of providing or excluding health coverage to ongoing part-time, variable hour, and seasonal employees. If an employee works an average of 30 hours or more per week during a standard measurement period, the employee will be deemed a full-time employee and will be eligible for health coverage during the resulting standard stability period, regardless of the hours worked during the standard stability period, so long as the employee remains employed by the City . If an employee works an average of less than 30 hours per week during the standard measurement period, the employee will not be deemed a full-time employee and will not be eligible for health coverage during the resulting standard stability period, regardless of the hours worked during the stability period. Standard Measurement Period -- December 1 of [Year 1] through November 30 of [Year 2] Standard Administrative Period -- December 1 through December 31 of each year. Standard Stability Period -- January 1 through December 31 of each year. To determine the average hours worked by each employee during the 12-month standard measurement period, the City will divide the employee’s total hours worked during the period by 52. Example:  Employee C is an ongoing variable-hour employee who was hired on or before December 1, 2017 (the start of the City’s standard measurement period).  Starting in 2017, Employee C’s standard measurement period begins December 1, 2017 and ends November 30, 2018 (12 months).  Employee C’s standard administrative period begins December 1, 2018 and ends December 31, 2018. During this period, the City calculates Employee C’s hours worked during the preceding standard measurement period. If Employee C averaged 30 or more hours per 36 week during the preceding standard measurement period, Employee C will be eligible for health coverage during the resulting standard stability period. If Employee C averaged below 30 hours per week during the preceding standard measurement period, Employee C will be excluded from health coverage during the resulting standard stability period.  Employee C’s standard stability period begins January 1, 2019 and ends December 31, 2019 (12 months).  Employee C’s next standard measurement period begins December 1, 2018 and ends November 30, 2019 (12 months). MEASUREMENT AND ADMINISTRATIVE PERIODS – OVERLAPPING INITIAL AND STANDARD PERIODS The City’s standard measurement periods apply to all ongoing part-time, variable-hour, and seasonal employees hired by the City on or before the start date of a standard measurement period. New part-time, variable-hour, and seasonal employees will be measured by both the City’s initial measurement period and the first standard measurement period beginning on or after each employee’s date of hire. Example:  Employee D is a new variable-hour employee. Employee D is hired September 29, 2015.  Employee D is subject to the first phase of the initial administrative period, beginning September 29, 2015 and ending one day later, September 30, 2015.  Employee D is subject to an initial measurement period beginning October 1, 2015 and ending September 30, 2016.  Employee D is subject to the second phase of the initial administrative period, beginning October 1, 2016 and ending on October 31, 2016.  Employee D is subject to an initial stability period beginning November 1, 2016 and ending October 31, 2017.  Because Employee D was hired on or before the City’s 2015 standard measurement period, Employee D is concurrently subject to the standard measurement period beginning December 1, 2015 and ending November 30, 2016.  Employee D is subject to a standard administrative period beginning December 1, 2016 and ending December 31, 2016.  Employee D is subject to a standard stability period beginning January 1, 2017 and ending December 31, 2017. Based on the overlapping nature of initial and standard measurement and stability periods, situations will arise where part-time, variable-hour, and seasonal employees will be subject to simultaneous initial and standard measurement, administrative, and stability periods. If the City determines an employee is eligible for health coverage during an initial measurement period or standard measurement period, the employee must be enrolled in health coverage for the entire associated stability period. This is the case even if the employee is determined to be eligible for health coverage during the initial measurement period but determined not to be eligible for coverage during the overlapping or immediately following standar d measurement period. In such a case, the City may exclude the employee from health coverage only after the end of the initial stability period. Thereafter, the employee’s eligibility for health coverage would be determined in the same manner as that of other ongoing part-time, variable-hour, or seasonal employees. 37 In contrast, if the City determines an employee is not eligible for coverage during the initial measurement period, but is eligible for coverage based on the overlapping or immediately following standard measurement period, employee will be eligible for health coverage for the entire standard stability period (even if the standard stability period begins before the end of the initial stability period). Thereafter, the employee’s eligibility for health coverage would be determined in the same manner as other part-time, variable-hour, or seasonal employees. RULES CONCERNING ELIGIBILITY AND ENROLLMENT To be enrolled in health coverage under the Plan, eligible employees must comply with all applicable application requirements and deadlines. Failure to do so may result in delayed or no enrollment until the next annual enrollment period or upon a qualified change in status. If an eligible employee’s payment for the cost of health coverage is untimely, the terms of the Plan provide when coverage terminates and whether there is a grace period for payment. The City is not required to provide health coverage for the period for which the cost of health coverage is not timely paid and may terminate coverage. Eligible employees have the right to waive enrollment in the City’s health coverage. The City will provide a written waiver that must be timely completed, signed, and submitted by an eligible employee desiring to waive enrollment. Unless the Plan specifies otherwise, a new waiver must be completed annually. The City will provide otherwise eligible employees who previously waived enrollment in health coverage the opportunity to enroll at least once annually. HOURS FOR PAID AND UNPAID LEAVE DURING MEASUREMENT PERIODS Hours of service for employees during measurement periods include both actual hours of service worked in addition to paid hours for vacation leave, sick leave, holiday leave, or other paid leave. Periods of unpaid leave, including unpaid FMLA or military leave, are excluded from the hours calculation during any measurement period. Example:  Employee E is a variable-hour employee subject to a 12-month (52-week) standard measurement period.  During the standard measurement period, Employee E takes four weeks of unpaid FMLA leave. The four weeks of unpaid FMLA leave are excluded from the hours calculation. The average is calculated by the total hours worked by Employee E during the standard measurement period (12 months), divided by 48 weeks (instead of 52 weeks). Administrative periods overlap with measurement and stability periods. Employees offered health coverage during a stability period must remain enrolled in coverage during a subsequent administrative period. Employees excluded from health coverage during a stability period remain excluded from coverage during a subsequent administrative period. BREAKS IN SERVICE Employees, regardless of classification, who separate their employment with the City, voluntarily or involuntarily, must have a break in service of at least 13 continuous weeks before being eligible for re-hire. Employees re-hired after a break in service of at least 13 continuous weeks 38 will be treated as a “new” employee, without any consideration given to previous hours worked or previous measurement or stability periods that may have applied prior to separation. Employees who are re-hired into full-time positions must be enrolled in health coverage no later than the first day of the month following their date of re-hire. Employees who are re-hired into part-time, variable-hour, or seasonal positions are subject to the City’s initial measurement, initial administrative, and initial stability periods. The City reserves the right to suspend this rule on a case-by-case basis. 7.76 UNEMPLOYMENT INSURANCE City employees may qualify for State Unemployment Compensation after termination from City employment as determined by the Employment Security Department. 7.87 LIFE INSURANCE Union employees are provided a Term Life Insurance benefit, and the premium is fully paid by the City. The insurance also provides a benefit upon the death of a dependent. Non- represented employees are provided Term Life Insurance, which is based upon a portion or all of their annual salary level. This benefit is explained when the new employee is hired. Police Officers are provided an additional life insurance benefit by the State of Washington in the event of their death in the line of duty. Additionally, all eligible employees are provided a life insurance benefit through MEBT. 7.98 EMPLOYEE ASSISTANCE PLAN (EAP) EAP is a confidential service, providing short term counseling and referral, which is offered to employees and their dependents at no cost by the City. This service assists employees obtain professional help with problems which may be impacting their jobs. The EAP can assist employees with a wide variety of problems, including financial, personal, and job related. Please contact Human Resources for more information of the EAP. 7.109 EXTENDED HEALTH BENEFITS (COBRA) In compliance with COBRA (the Consolidated Omnibus Budget Reconciliation Act), the City will offer continuing health care coverage on a self-pay basis to employees and their dependents following termination (for reasons other than gross misconduct), a reduction in hours, retirement or death. These health benefits will be identical to the coverage offered to full-time employees. A. For terminated or reduced-hour employees, the coverage may last up to 18 months or until they become eligible for other health insurance coverage, whichever is earlier. In the event of the employee's retirement, divorce, separation, or death, the coverage may last up to a maximum of 36 months for the employee and/or qualified beneficiary. B. Upon mutual agreement between the employee and the City, and in accordance with the terms and conditions of the insurance coverage at the employee's expense during an approved unpaid leave of absence, COBRA continuation rights may apply in the event coverage is not extended through the City. C. While an employee is receiving worker's compensation benefits, the City may continue to pay the employee's health insurance premiums for three (3) months, after which the employee may choose to use COBRA rights and self-pay insurance premiums. D. Upon an employee's termination from City employment, at the employee's option and expense, the employee may elect to continue City health insurance benefits to the extent 39 provided under COBRA. Continuation rights are not available if an employee is terminated for "gross misconduct." E. An administrative handling fee over and above the cost of the insurance premium may be charged the employee or dependents that elect to exercise their COBRA continuation rights. F. The employee or beneficiary may waive all rights to continuation coverage notification procedures and time limits outlined in the continuation coverage "Notification of Rights" letter. 7.11 WELLNESS PROGRAM The City of Edmonds recognizes that health of City employees directly affects their ability to provide high quality, efficient services to City residents. The employee wellness program is designed to provide information and activities to City employees and their family members to encourage health and safety in the workplace. All City employees and family members who are eligible for City medical benefits may voluntarily participate in the employee wellness program. A Wellness Committee, including employee representatives from different departments, labor unions, management and the general employee population, oversees the wellness program and specifically performs the following duties:  Provides enthusiastic support of the mission and goals of the Wellness program.  Helps plan, implement and promote Wellness programs.  Serves as a liaison between the wellness program, the Safety Committee, the Commute Trip Reduction program, City departments and employees.  Represents the wellness-related interests, needs and opinions of employees.  Assists in identifying and reducing potential program barriers and strengthening support for the wellness program.  Assists in promoting the wellness program. The Wellness Committee will meet at least once a month during regular business hours and committee members may work on wellness activities during work hours as their normal job duties allow. Membership on the committee is voluntary and members may serve for an indefinite period of time. Members are responsible for: 1. Attending the monthly wellness coordination meetings and informing another attending member if they cannot attend a meeting. 2. Attending any Wellness Retreats. Retreats will be used to review goals/priorities and establish calendar events. 3. Organizing and promoting annual wellness events. 4. Assisting other members in the execution of their wellness events. 5. Communicating the needs of his/her department’s employees to the committee. 6. Communicating the activities of the committee to his/her department’s employees. 7. Sharing ideas freely and raising any concerns or objections and offering alternative solutions when a decision is to be reached by consensus. Participation in some wellness programs such as health screenings and the health benefits fair is allowed during work hours. The Department Head may allow employees additional time 40 during work hours for wellness activities and programs provided work demands are appropriately met. Wellness program activities may include a wide variety of health, educational and fitness activities, such as those listed below.  Behavior change programs, such as nutritional counseling and information, stress reduction, smoking cessation, weight management, relaxation and self-esteem.  Motivational programs, such as interdepartmental and employee group challenges and tuition rebates for successful weight loss and smoking cessation.  Informational and awareness programs such as flyers, paycheck stuffers, bulletin boards, brown bag lunch sessions, wellness seminars, workshops and classes. The Wellness program is funded in the budget for the Human Resources program and all City expenditures for employee wellness activities must come from funds appropriated in the current budget. Some wellness activities could and may be offered to employees at the cost of the program, at a City-subsidized price, or for free. Costs of certain programs may be covered by the City’s medical plan, and the Wellness Committee may apply for grants provided by the Association of Washington Cities. The Committee’s plan purchases and all other related accounting activities must comply with applicable City procedures for City-funded activities. Confidentiality is important in all health education activities. Because the Wellness Committee may offer programs about potentially sensitive issues, the transactions and interactions regarding personal and medical information that take place in the City’s Wellness programs will be confidential and will be respected as such. Employee participation is also on a voluntary basis and will be respected. 7.12 COMMUTE TRIP REDUCTION (CTR) PROGRAM The City participates in a Commute Trip Reduction (CTR) program in compliance with the CTR Efficiency Act (WAC 486-63) regulated through the Washington State Department of Transportation (WSDOT) in coordination with Community Transit. This Act requires local governments in urban areas with traffic congestion to develop programs that reduce drive- along trips and vehicle miles travelled per capita. As part of this program, Community Transit and the City of Edmonds encourage employees to participate in the CTR program, by riding the bus, vanpooling, carpooling, walking, biking, using the train or ferry, or compressing their work week (such as through a supervisor approved alternative work schedule) in order to help reach certain County goals regarding Vehicle Miles Travelled (VMT) or Single Occupancy Vehicles (SOV). The City’s CTR program, through the City’s CTR Coordinator, may have a budget of funds for authorized use as related to specific CTR program activities and event expenditures. There are various Community Transit sponsored CTR program events throughout the year in which employees are encourage to participate ( examples include but are not limited to: Wheel Options, Bike to Work Day, Dump the Pump day, and Smart Commuter Rewards). The CTR Program Coordinator at the City also provides WSDOT and/or Community Transit with any required reporting and/or compliance information on City participation in the program each year and coordinates CTR program events and activities. 41 CHAPTER VIII LEAVES 8.1 VALUE STATEMENT The City believes a balance between time spent working and time spent in pursuit of personal interests creates a better overall employee. The City believes employees need time away from work in order to achieve that balance. 8.2 VACATION Employees will be provided annual vacation in accordance with their collective bargaining agreement or City ordinance. Non Represented employees receive annual vacation in accordance with the Edmonds City Code Chapter 2.35. In appropriate situations for recruitment purposes, the Mayor, with approval of the City Council, may authorize placement of a newly hired employee at a level on the vacation and/or sick-leave accrual charts consistent with his/her prior experience. All new employees must satisfactorily complete their orientation period to be entitled to the accrual and use of vacation leave. Employees may only use accrued vacation; vacation credit cannot be advanced to an employee. Regular part-time employees will receive vacation on a pro-rata basis. Hourly employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Each department is responsible for scheduling its employees' vacations with the least disruption of department operations whenever possible. Leave requests shall be submitted at least two weeks prior to taking vacation leave or as otherwise stated in the applicable collective bargaining agreement. Vacation schedules for union employees shall be submitted to their department directors for approval and in compliance with the applicable collective bargaining agreement. The maximum number of vacation hours which may be accrued is two years at the current accrual rate, unless otherwise stated in a collective bargaining agreement. After reaching the maximum amount, the employee will not accrue any additional vacation, until leave is used. Any exceptions to extend vacation accruals due to extenuating circumstances must be approved by the Mayor. Employees will be paid for unused vacation time upon termination of employment. 8.3 SICK LEAVE All full-time regular employees, except LEOFF I employees, accrue sick leave benefits at the rate of eight (8) hours for each calendar month of continuous employment, unless otherwise specified in their labor agreement. Regular part-time employees may accrue sick leave benefits on a pro-rata basis according to hours worked. Hourly employees do not earn sick leave benefits. The maximum accrual, unless otherwise specified in a labor agreement, is 1000 hours. Non Represented employees may annually convert accrued sick leave in excess of 800 hours to a cash payment at the rate of three hours of sick leave to one hour of compensation at the employee’s current rate of pay, up to a maximum of $1000 per year. Employees do not accrue sick leave benefits during a leave without pay. Sick leave cannot be advanced; only accrued sick leave can be used. 42 Allowable uses of sick leave cover those situations in which an employee is absent from work (including reasons as defined under state and federally approved leaves) due to:  Employee's own health condition (illness, injury, physical or mental disability, including disability due to pregnancy or childbirth);  The need to care for an ill family member in accordance with the Family Care policy below.  Medical or dental appointments for the employee or dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day;  Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others;  Use of a prescription drug, which impairs job performance or safety;  Additional leave (maximum 3 days) beyond bereavement leave for a death in the immediate family to be authorized by the Department Head. A doctor's certificate may be required when an employee is absent for a period in excess of three (3) days, or at any other occasion the Department Director deems appropriate. The City may require a physician’s certification of the existence of a serious health condition or emergency condition affecting the employee or immediate family member in accordance with state and federal law. The City may also request the opinion of a second doctor at the City's expense to determine whether the employee suffers from a serious health care condition which impairs his/her ability to perform the essential functions of his or her job or return to work after an absence of two (2) weeks. Employees who are habitually absent due to illness or disability may be terminated if their disability cannot be reasonably accommodated and/or when the employee's absenteeism prevents the orderly and efficient provision of services to the citizens of the City. Employees who use all their accumulated sick leave and require more time off work due to illness or injury may, with their department head's prior approval, request a leave without pay. (See Leave Without Pay Policy.) Employees will be paid for any unused sick leave upon leaving City service in accordance with City Ordinance or the applicable collective bargaining agreement. FAMILY CARE (USE OF ACCRUED LEAVE TO CARE FOR ILL FAMILY MEMBER) Consistent with the Washington Family Care Act, employees may use their choice of any accrued leave (whether vacation, sick leave or comp time) that they have available for their own use in order to care for their child, spouse, parent, parent-in-law, registered domestic partner, or grandparent. This policy reflects requirements for all employees under state law, and therefore applies to represented and non-represented employees alike. An employee may use available paid time off to care for his/her child where the child has a health condition requiring treatment or supervision, or where the child needs preventive care (such as medical, dental, optical or immunization services). An employee may use available paid time off when a spouse, registered domestic partner, parent, parent-in-law, or grandparent has a “serious or emergency health condition”, which are conditions: 43 * Requiring an overnight stay in a hospital or other medical-care facility; * Resulting in a period of incapacity or treatment or recovery following inpatient care; * Involving continuing treatment under the care of a health care services provider that includes any period of incapacity to work or attend to regular daily activities; or * Involving an emergency (i.e., demanding immediate action). Where the need for family care leave is unexpected, the City understands that advance approval of the use of leave (as is required for certain kinds of leave) may not be possible. Employees are required, however, to notify their supervisor of the need to take time off to care for a family member as soon as the need for leave becomes known. The City reserves the right to require verification or documentation confirming that a family member has or has had a “serious or emergency” health condition when available leave is used to care for that family member. SICK LEAVE INCENTIVE PLAN Unless otherwise specified in the labor agreement, employees, who maintain a good attendance record, shall be eligible for the following Sick Leave Incentive Plan. Hours of Sick Leave Used during the Calendar Year Hours of Vacation Leave Earned 0 24 8 16 16 8 24+ 0 Incentive leave will be added to the employee’s maximum vacation accrual, however earned leave must be used in the year following the year in which the sick leave was earned. Sick leave used due to Workers Compensation illness or injury, FMLA, or other protected leaves will not be counted. The hours earned and used will be pro-rated to the nearest full hour. Employees must be employed for a full calendar year to be eligible for this benefit. 8.4 FITNESS FOR DUTY Whenever a supervisor has reasonable belief that an employee may not be able to perform all of his or her assigned job duties, the supervisor may require the employee to submit to a Fitness for Duty evaluation by a qualified professional and/or medical provider. The Fitness for Duty evaluation with be at the City’s expense. Any employee, who is absent from work because of illness or injury for six (6) months, may be required by the City to submit to a fitness for duty examination by a City physician to determine if he or she can return to work or if he or she is capable of performing the essential duties of their position. 8.5 LEAVE WITHOUT PAY The Mayor may grant leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. Examples of situations for which leave without pay may be granted include time off work for personal reasons, such as a prolonged illness, parenting, caring for an ill relative, or pursuing an education. Employees who are on an approved leave of absence may not engage in any form of self-employment or 44 perform work for any other employer during that leave, except when the leave is for military or public service or when the employment has been approved by the organization under its outside employment and conflicts of interest policy (10.2) and the employee’s reason for leave does not conflict with the outside employment. Any leave without pay requests should be forwarded to the Department Director for approval by the Mayor. Employees do not accrue benefits or DRS service credits during a leave without pay, nor does the City pay for any other benefits, unless specifically stated elsewhere in City Policy or the applicable collective bargaining agreement. 8.6 JURY AND WITNESS DUTY The City provides all regular employees time off with pay for jury duty service up to a maximum of one month each time they are called for jury service. If jury duty extends beyond one month in any one instance the additional leave will be unpaid. Payment provided by the courts during periods of paid jury duty must be paid over to the City, excluding expense reimbursements, such as mileage and parking fees. Employees must provide their supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, employees are required to provide their supervisor with proof of jury service and submit a copy of these documents along with their jury duty fees check to the City (including receipts for parking expenses to be reimbursed to the employee).. All employees summoned to testify in court are allowed time off for the period they serve as witnesses. In general, witness duty leave is unpaid unless the employee is a witness in a case involving the City. For exempt salaried employees, however, salary payment will continue except for full-day absences caused because the employee is a party in a lawsuit. Additionally, payment provided by the courts (or other parties to a lawsuit) during periods when employees are being called as witnesses for the City must be paid over to the City, excluding expense reimbursements, such as mileage and parking fees. Employees must provide their supervisor with a copy of the subpoena as soon as possible after receiving it and submit a copy of these documents along with their witness fee check(s) to the City (including receipts for parking expenses to be reimbursed to the employee). 8.7 ADMINISTRATIVE LEAVE On a case-by-case basis, the City may place an employee on administrative leave with or without pay for an indefinite period of time. Administrative leave may be used in the best interests of the City (as determined by the Mayor) during a pending investigation or other administrative proceeding. 8.8 MILITARY LEAVE Employees receive paid military leave of up to 21 working days per year beginning October 1 and ending the following September 30. This military service includes annual Reserve and National Guard training. Employees are required to provide their supervisor with copies of their military orders before the leave begins. Military leave in excess of this paid leave entitlement will be unpaid, provided that employees may use accrued vacation or compensatory time off during such military leave. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. INVOLUNTARY MILITARY SERVICE: City employees, who are involuntarily called into active duty for an indefinite period of time, are entitled to receive the following benefits, 45 commencing on the first day the employee reports for active duty and continuing for the periods specified below or until the employee’s discharge from active duty, whichever occurs first:  For sixty (60) calendar days – the difference, if any, between the employee’s regular City salary and the monetary compensation paid to the employee for the employee’s military service, inclusive of housing and food allowances and other similar expenses; and  For ninety (90) calendar days or three months – the insurance premiums for the employee’s dependents, as previously covered by the insurance, shall be paid by the City; and  Shared Leave as donated by other City employees. Employees, who have been called to active duty and who apply for the above benefits, must agree in writing to return to work with the City. Failure to return to work with the City upon completion of the military duty will be cause for reimbursement of the compensation and benefits paid under this paragraph in order to be entitled to this benefit. 8.9 WASHINGTON MILITARY LEAVE FOR SPOUSES AND DOMESTIC PARTNERS During times of military conflict declared by the President or Congress, an employee may be eligible for unpaid leave if his or her spouse or registered domestic partner is a member of the armed forces, National Guard or Reserves. An employee is eligible so long as he or she works an average of twenty (20) or more hours a week. An eligible employee may take up to fifteen (15) days of unpaid leave upon being notified of an impending call to duty, order to active duty, and before the deployment or when the military spouse/registered domestic partner is on leave from deployment. While leave is unpaid, the employee may elect to use paid sick, vacation, or other accrued paid time off while on leave. An employee must provide Human Resources with notice of his or her intent to take leave within five (5) business days of receiving official notice that the employee’s spouse or registered domestic partner will be on a leave from deployment, or (b) official notice of an impending call to active duty. Upon returning from leave, the employee is entitled to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within twenty miles of the employee’s workplace when leave commenced. 8.10 FAMILY MEDICAL LEAVE The City complies with the federal Family and Medical Leave Act of 1993 (FMLA) as amended, and all applicable state laws related to family and medical leave, including but not limited to the Washington Family Leave Act (WFLA) and the Washington Pregnancy Disability Regulations (MDR). This means that, in cases where the law grants an employee more leave than the City’s leave policies provide, the employee will be given the leave required by law. The FMLA and WFLA, which usually run concurrently, provide up to 12 weeks of unpaid, job-protected leave every 12 months to eligible male and female employees for certain family and medical reasons. To be eligible for FMLA employees must have worked for the City for a least one year and for 1,250 hours over the previous 12 months, and must not have exhausted their FMLA leave entitlement during the previous rolling 12-month period. Unpaid FMLA/WFLA leave is granted for any of the following reasons: 46  To care for a child after birth or placement for adoption or foster care.  To care for a spouse, registered domestic partner, son, daughter or parent who has a serious health condition.  For a serious health condition that makes the employee unable to perform the essential functions of their job.  Any qualifying exigency as defined by the Secretary of Labor, arising when the employee’s spouse, registered domestic partner, child, or parent is called to active military duty or is on active duty. Qualifying exigencies are generally activities related to the active foreign duty or call to foreign duty, including attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.  To care for an employee’s family member who is a covered service member with a serious injury or illness. A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves:  Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;  A period of incapacity of more than three consecutive, full calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider;  A period of incapacity due to pregnancy or for prenatal care;  A period of incapacity or treatment due to a chronic serious health condition, for a permanent or long-term condition for which treatment may not be effective, or to receive multiple treatments for restorative surgery after an accident or injury or for a condition that would likely result in an incapacity of more than three full, consecutive calendar days in the absence of medical treatment (e.g. chemotherapy for cancer or dialysis for kidney disease). Leave to care for a child after birth or placement for adoption or foster care must be concluded within 12 months of the birth or placement. Under some circumstances FMLA leave may be taken intermittently -- which means taking leave in blocks of time or on a reduced leave schedule--by reducing the normal weekly or daily work schedule. FMLA leave may be taken intermittently if medically necessary because of a serious health condition or for a qualifying military exigency. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the City’s approval. The City requires employees to use accrued paid sick leave during FMLA leave in circumstances where the City's policy or state law permits the use of sick l eave. If the employee has any sick leave available that may be used for the kind of FMLA leave they are 47 taking, it is the City’s policy that the employee must use that paid sick leave, beginning with the first day, as part of the FMLA leave. Employees may use their vacation leave under FMLA at their option to remain in a paid status after first using their sick leave as required by City policy . If sick leave is used for a purpose for which FMLA leave would be available, it is the City’s policy to designate the employee’s sick leave as counting against their FMLA leave allowance. The employee is required to notify the City if they use sick leave for a reason covered by the FMLA so that the City may properly account for the leave. Please contact the Human Resources Office for any questions about FMLA The City requires that employees provide advance leave notice, with medical certification, of the need for a leave related to a health condition, and with medical certification of their fitness to return to duty after medical leave. Taking leave, or reinstatement after leave, may be denied if these requirements are not met. Employees must give the City at least 30 days' advance notice of their request for leave if the reason for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment. If 30 days' notice is not practicable, employees must give the City notice as soon as practicable, usually within one or two business days of when the need for leave becomes known to the employee. If 30 days' advance notice is not given, and if the need for the leave and the approximate date of the leave were clearly foreseeable by the employee, the City may deny the request for leave until at least 30 days after the date notice is given. The City requires that employees provide a medical certification to support a request for leave because of a serious health condition (their own or their child's, spouse's, registered domestic partner’s, or parent's) whenever the leave is expected to extend beyond five consecutive working days or will involve intermittent or part-time leave. The City may require second or third opinions at its option with such expense covered by the City. Employees are also required to provide a medical certification of their fitness for duty to return to work after a medical leave that extends beyond 10 consecutive working days, that involves a mental disability or substance abuse, or where the medical condition and the job are such that the City believes the employee may present a serious risk of injury to themselves or others if they are not fit to return to work. If an employee takes leave for more than two weeks, they will be required to report to their supervisor at least every two weeks on their status and intent to return to work. The City can place an employee on Family Medical Leave at any time sufficient evidence exists of a qualifying event. The employee will be notified in writing of this decision. If the employee is covered by the City’s group health plan (medical, dental or vision), their health insurance benefits continue to be paid during FMLA leave on the same basis as during regular employment. But if the employee doesn’t return to work after the leave, they will be required to pay the City back for its portion of the insurance premiums unless the failure to return was beyond the employee’s control. If the employee is covered by other insurance plans through the City, such as life or disability insurance, those coverages will continue during paid leave on the same basis as during regular employment. If the employee takes unpaid FMLA leave, they will be responsible during the leave for the premiums normally paid plus the premiums the City normally pays on the employee’s behalf. If the employee doesn’t pay these premiums, the City may choose to pay them on their behalf, to keep their coverage from lapsing, but the employee will be responsible for repaying the City whether or not they return to work. 48 If both an employee and their spouse work for the City and leave for the birth, adoption or foster care placement of a child, to care for a new child, or to care for a sick parent is requested, the total annual FMLA leave available to both employees combined for those purposes is 12 weeks. Leave for the birth or for placement for adoption or foster care must be completed within 12 months of the child’s birth or placement. FMLA leave is available for up to 12 weeks during a 12-month period. For purposes of calculating leave availability, the "12-month" period is a rolling 12-month period measured backwards from the date FMLA leave started. CAREGIVER LEAVE FOR AN INJURED SERVICEMEMBER Per FMLA, eligible employees may receive up to 26 weeks of unpaid leave in a 12-month period to care for an injured or ill military service personnel:  Who is the employee’s spouse, registered domestic partner, parent, child, or next of kin; and  Who is a current member of the armed forces, including National Guard and Reserves; with a serious injury or illness incurred or aggravated in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list; or  Who is a veteran who was a member of the armed forces any time during the five years preceding his/her need for medical treatment, recuperation or therapy for a serious injury or illness, where the injury or illness was incurred or aggravated in the line of duty.. The combined total of leave for all purposes described in this policy may not exceed 26 weeks in the applicable leave year. Spouses who are both employed by the City and who are eligible for FMLA leave may be limited to a combined total of 26 workweeks of leave during the single 12-month period if leave is taken for military caregiver leave, and leave for the birth or placement of a child, to care for the child after birth or placement, or to care for a parent with a serious health condition. QUALIFYING EXIGENCY RELATING TO A CALL TO COVERED ACTIVE DUTY. Under the FMLA, leave is available for certain qualifying military exigencies, as described below. The City may require certification of a qualifying exigency, which requires the following:  The eligible employee must be the spouse, son, daughter, or parent of a covered service member. The son or daughter may be of any age.  The service member must be in covered active duty. “Covered active duty” means the service member must be a current member of the Regular Armed Forces or a member of the National Guard or Reserve (Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve), or be a retired member of the Regular Armed Forces or Reserve who is called to active duty. A call to covered active duty 49 refers to a Federal call to active duty, and the active duty must involve deployment to a foreign country.  The leave must be needed for a non-medical qualifying exigency which arises out of the service member being on covered active duty or having been notified of an impending call or order to covered active duty. Qualifying exigencies include:  Short-notice deployment  Eligible employee may take up to seven calendar days’ leave if the military member receives seven or less days’ notice of a call to covered active duty.  Military events and related activities (before and during deployment)  Certain temporary childcare arrangements on an urgent, immediate need basis (but not on a routine, regular, or everyday basis), or to attend meetings with staff at a school or daycare facility  Financial and legal arrangements to address the service member’s absence  Counseling by a non-medical counselor (such as a member of the clergy)  Rest and recuperation  Eligible employee may take up to fifteen days’ leave for each instance when the military member is on temporary rest and recuperation leave.  Post-deployment military activities  Additional activities agreed to by the Company and the employee relating to the service member’s call to covered active duty 8.11 PREGNANCY DISABILITY LEAVE The City provides pregnancy disability leave to all female employees for the period of actual disability associated with pregnancy and childbirth. Pregnancy disability leave is for the period of disability that is determined to be medically necessary, and not for child rearing after the disability ends. Pregnancy disability leave is treated the same as leave for any other short-term disability. Like any other medical leave, the City may require medical certification to support a request for leave. A female employee has who taken a leave of absence only for the period of her disability relating to pregnancy or childbirth will generally be permitted to return to the same job, or a similar job of at least the same pay, except in cases of business necessity. If eligible for FMLA, the pregnancy disability leave runs concurrent (at the same time) with the FMLA and does not extend the 12 weeks of leave allowed under federal law. 50 Pregnancy disability leave runs consecutive (one begins after the other ends) with the WFLA and does extend the 12 weeks of leave allowed under state law for the duration of the physical disability. Thus, a pregnant employee with no complications in the pregnancy and childbirth is likely entitled to 18-20 weeks of leave (six to eight weeks of physical disability leave, plus 12 weeks of leave under the WFLA). Unpaid pregnancy disability leave is without employer-paid benefits unless the leave is also covered by FMLA, although the employee may utilize accrued leave to remain in a fully paid status. 8.11 BEREAVEMENT LEAVE The City provides regular employees with paid leave for up to three (3) days in the event of the death of a member of the employee’s immediate family. Immediate family is defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father in-law, step parent, brothers, sisters, and grandparents. If the death occurs out of area and involves travel; up to three additional days may be granted off provided the additional time is charged to the employee’s accrued sick leave. 8.12 DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING LEAVE In accordance with the Washington State Domestic Violence Leave Law, employees who are victims of domestic violence, sexual assault, or stalking, or who have a family member who is a victim, may take reasonable unpaid leave from work either in continuous blocks of time or intermittently, or continue employment on a reduced work schedule, to take care of related legal or law enforcement needs, to obtain or assist in obtaining medical treatment, social services assistance, or mental health counseling, to participate in safety planning, to temporarily or permanently relocate, or to take other actions to increase the safety of the employee or family member. An employee may elect to use paid sick leave, if applicable, vacation, comp time, or floating holiday time while on leave. For purposes of this policy, family member is defined as child, spouse/domestic partner, parent, parent-in-law, grandparent, or person the employee is dating. Employees must give as much advance notice of the need for the leave as possible. Leave requests must be supported with one or more of the following:  A police report;  A court order of protection;  Documentation supporting a court appearance;  Documentation from a healthcare provider, domestic violence advocate, attorney, or clergy; or  An employee’s written statement that the employee or employee’s family member is a victim and needs assistance. If the situation does not allow for advance notice, the employee must notify the Human Resources Office no later than the end of the first day that the employee takes leave. The City will continue to pay the City’s share of health benefits as if the employee were still at work provided the employee pays his or her share of the premium. 51 At the end of the leave, the employee will be restored to the same position or equivalent position in pay, benefits, terms and conditions unless the employee had a temporary assignment or was hired to work on a limited term project that was completed before or during the leave. 8.13 SHARED LEAVE The Mayor may authorize employees to donate their accrued leave to another City employee who is suffering from or who has an immediate family member suffering from an illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. The following conditions apply: Both accrued sick and vacation leave may be donated for a Shared Leave, which is based on a catastrophic level of illness or injury. Catastrophic illnesses or injuries are those which are potentially career-ending or life-threatening. All donated vacation leave hours must be used prior to any use of donated sick leave hours. However, only vacation leave hours can be donated for a shared leave request, where the need arises from a non-catastrophic level of illness or injury. Immediate family is defined as spouse, registered domestic partner, son, daughter, mother, father, and in-laws of the same degree. To be eligible to donate leave, the employee must have at least ten (10) days of accrued leave before he/she is eligible to donate leave hours. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave and/or sick leave balance to less than ten (10) days. Transfer of leave will be in increments of one day of leave. All donations of leave are strictly voluntary. The employee receiving donated leave shall have exhausted all his/her accumulated vacation, sick leave, holiday, compensatory time, or any other paid leave. Employees on L&I injuries are not eligible for shared leave if they are receiving time loss or LEP checks. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave. The maximum duration of a shared leave is limited to no more than six (6) continuous months or six (6) months in a five year period and cannot be used to extend the absence beyond the post leave time prescribed by law, labor agreement, or City policy. 52 8.14 HOLIDAYS The following are recognized as paid holidays for all regular full-time and part-time employees: New Year's Day January 1 Martin Luther King Day 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day after Thanksgiving Christmas Eve December 24th Christmas Day December 25 Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday. For employees, who are working an alternative work schedule, an alternative eight (8) hour period of time off for the holiday will be granted. Employees, who are represented by a Union, will be paid for the holiday in accordance with their collective bargaining agreement. Hourly employees will be paid at their regular straight-time rate for hours worked on a holiday. Each employee who, because of the nature of his/her service, serves on a holiday, shall be compensated in accordance with the following provisions:  Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may at his/her election receive an equivalent amount of compensatory time off at a date convenient to the City. Such day away from service shall be set at a date mutually agreed upon, but shall be set within 12 months of the holiday served. Such rate of pay shall not be pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act or the Washington Minimum Wage Act.  Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within the same calendar year in which the holiday occurred.  If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specif ied in this policy shall be recognized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for employees. In order to be eligible for holiday pay for the above recognized holidays, employees must be in a paid status the day preceding and the day following the holiday, unless otherwise stated in an applicable collective bargaining agreement.. 8.15 RELIGIOUS HOLIDAYS If an employee's religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with his/her department head's approval, take the day off using vacation, a floating holiday, compensatory time, or leave without pay. 53 8.16 UNPAID HOLIDAYS FOR REASONS OF FAITH OR CONSCIENCE Employees are entitled to two unpaid holidays per calendar year for a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious organization. The employee may select the days on which he or she desires to take the two unpaid holidays after consultation with his or her supervisor. If an employee prefers to take the two unpaid holidays on specific days, then the employee will be allowed to take the unpaid holidays on the days he or she has selected unless the absence would impose an undue hardship or the employee is necessary to maintain public safety. The term “undue hardship has the meaning contained in the rule established by the Office of Financial Management. The City will also consider the following factors, on a case by case basis, in determining whether granting the request would cause an undue hardship: (1) The number, composition, and structure of staff employed by the City or in the requesting employee’s department. (2) The financial resources of the City or the requesting employee’s department. (3) The number of employees requesting leave for each day subject to such a request. (4) The financial impact on the City or requesting employee’s department resulting from the employee’s absence and whether that impact is greater than a de minimis cost to the City in relation to the size of the City or requesting employee’s department. (5) Impact on the City, the requesting employee’s department or public safety. (6) Type of operations of the City or requesting employee’s department. (7) Geographic location of the employee or geographic separation of the particular program to the operations of the City. (8) Nature of the employee’s work. (9) Deprivation of another employee’s job preference or other benefit guaranteed by a bona fide seniority system or collective bargaining agreement. (10) Any other impact on the City’s operation or requesting employee’s program due to the employee’s absence. If possible, an employee should submit a written request for an unpaid holiday to the employee’s department head a minimum of two (2) weeks prior to the requested day off. Approval of the unpaid holiday shall not be deemed approved unless it has been authorized in writing by the employee’s department head. The employee’s department head shall coordinate with Human Resources to evaluate requests by considering the desires of the employee, 54 scheduled work, anticipated peak workloads, response to unexpected emergencies, the availability, if any, of a qualified substitute, and consideration of the meaning of “undue hardship” developed by rule of the Office of Financial Management and any of the above noted factors. The two unpaid holidays allowed by this section must be taken during the calendar year, if at all; they do not carry over from one year to the next. 8.168.17 BENEFITS FOR PART TIME AND HOURLY EMPLOYEES Unless noted otherwise in these policies, benefits for regular part-time employees are pro-rated based upon the number of regular hours worked. Hourly employees are not normally granted leave benefits, unless otherwise specified in an individual employment agreement. 8.178.18 PAYMENT FOR ACCRUED LEAVES Leave must be accrued before it can be taken off for pay. Pay cannot be advanced for leave which has not yet been accrued. 8.188.19 MANAGEMENT LEAVE To be more competitive in the market place, the City will provide non-represented employees who are ineligible for compensatory time with 24 hours of Management Leave annually. Management Leave will have no cash-out value and will not be carried over at the end of the calendar year. 55 CHAPTER IX TRAVEL &, MEAL EXPENSES 9.0 VALUE STATEMENT It is the City’s policy to pay for reasonable and necessary expenses relating to authorized City business for travel, meals, lodging, and related accommodations. Eligible expenses, with the exception of meals, shall be reimbursed on an actual expense basis only and must be accompanied by invoices and/or receipts showing proof of payment. All persons are to use good judgment and discretion, limiting expenses with the best interests of the City foremost in mind. Excessive or unnecessary expenses will not be approved or reimbursed. 9.1 AUTHORIZATION All requests for travel out of area shall be submitted on an AUTHORIZATION TO TRAVEL and ATTEND TRAINING FORM. The request must be approved by the Department Director in advance of the travel or expenditure. All anticipated expenses, either known or estimated, should be listed on the authorization. 9.2 ACCOMMODATIONS Accommodations, including transportation, lodging, and registrations, shall normally be arranged in advance by the designated staff person and billed directly to the City or placed on the Department's credit card. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation and single occupancy government rate for lodging. 9.3 MEALS The City’s per diem expense for meals will be in conformance with the State of Washington Office of Financial Management guidelines. Receipts are not required unless additional reimbursement is requested. Per diem for meals will be paid a) when the meal is part of a scheduled conference or business meeting and attendance is required, b) for all out of area travel, which includes an overnight stay. Per diem shall also be paid when travel time to and from the destination exceeds the normal workday by three or more hours. Travel time is measured from the employee’s workplace to his or her destination. Expenses not approved for reimbursement includes but is not limited to; alcoholic beverages, expenses for family or guests, entertainment, and meals provided as part of the registration costs. 9.4 USE OF PRIVATE VEHICLES City employees on official business may use private cars when a City vehicle is not available. Employees, who are operating private cars while on City business, must have in their possession a valid operator’s license and be insured to the State’s minimum liability standards. Employees will be reimbursed at the mileage rate set annually by the Federal IRS. The mileage rate includes all costs associated with the City’s use of the private car. Reimbursement to employees, who wish to use their private car in lieu of air transportation, may not exceed the amount, which would have been paid for appropriate airfare. In the event of an accident, the employee’s insurance will be primary accident coverage. The Mayor, members of the city council, boards and commissions shall not be reimbursed for mileage expenses incurred within the city limits of Edmonds. Daily commute transportation expenses between the employee’s official residence and official station is a personal obligation of the employee and is not reimbursable by the city. All other miles driven on official City business are reimbursable. 56 Employees may be reimbursed for miles driven between their official station or official residence and temporary duty station, whichever is shortest. 9.5 USE OF CITY VEHICLES While operating City of Edmonds vehicles, all employees must have a valid Washington State Driver’s License in their possession at all times. Employees who operate a City vehicle shall immediately notify their Department Director any time the employee’s driver’s license becomes suspended, revoked, or is any way not valid or current, for any reason. Employees shall not resume operation of any City vehicle until a valid, current driver’s license is presented to their Department Director. 57 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City’s primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on-going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's eq uipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner:  All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens’ rights, and showing courtesy to all.  Their actions shall be conducted within compliance of the laws and regulations governing the City’s actions, including but not limited to RCW Title 42.  City representatives are expected to conduct business in an open manner.  They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides.  They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City’s business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: (1) prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; 58 (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. City employees who become aware of improper governmental action should follow this procedure:  Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action.  Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney.  The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. 59 An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur. Outside agencies to which reports may be directed include: Snohomish County Prosecuting Attorney Washington State Auditor M/S 504 Capital Campus Everett, WA 98201 P.O. Box 40021 (425)388-3333 Olympia, WA 98504 (360)902-0370 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 If the above-listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation: (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. 60 (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 61 10.5 NO SMOKING POLICY The City maintains a smoke-free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City’s buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it m ust be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work-related searches of an employee’s work area, workspace, computer and electronic mail on the City’s property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to and including immediate termination. Use of Personal Electronic Devices for City Business: City employees are strongly discouraged from using their own personal electronic devices to conduct City business. This includes, but is not limited to: desktop computers, laptops, tablets, flash drives, portable hard drives and mobile phones. If you violate this policy and use a personal device to conduct City business, you may be required to produce, your device and/or phone records or other appropriate records to respond appropriately to requests under the Public Records Act, RCW 42.56. You are also prohibited from storing City information, records, data, emails, reports or any other writings pertaining to City business on personal devices. All records must reside on the City network. If you are unclear on this policy language, please see the Public Disclosure and Records Management Specialist. Use of Personal Mobile Devices in the Workplace: While at work, employees are expected to exercise the same discretion in using personal cellular phones and other mobile devices as is expected for the use of City-owned phones. Personal calls during the work day, regardless of the phone used, as well as personal use of other personal electronic devices, can interfere with employee productivity and be distracting to others. Employees are encouraged to make personal calls and use personal electronic devices on non-work time where possible, and to ensure that friends and family members are aware of this policy. This policy does not apply to the police department employees following department policy. 10.7 ELECTRONIC AND TELEPHONIC COMMUNICATIONS OUTSIDE OF REGULARLY SCHEDULED WORK HOURS Non-supervisory employees are not expected to access City e-mails accounts or City voice mail accounts outside of their regularly scheduled hours of work. This policy does not apply to the police department employees following department policy, to emergency situations, employees on call back, call out and stand-by or when the employee’s supervisor has directed the employee to monitor e-mail or voice mail. 62 Please see Attachment Appendix A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA’s while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license and/or a Commercial Driver’s License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspension, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule 63 may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community-based fund raising effort. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Soliciting employees who are on non-work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City’s electronic systems. The employee lunchroom is considered a non-work area under this policy. 10.13 USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City’s credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 GIFTS City employees may not receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor from a person if it could be reasonably expected that the gift, gratuity, or favor would influence the vote, action, or judgment of the officer or employee, or be considered as part of a reward for action or inaction. Additionally, City employees may not accept gifts, other than those specified in RCW 42.52.150, with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars ($50.00). For purposes of this section, “single source” means any person, as defined in RCW 42.52.010, whether acting directly or through any agent or other intermediary. “Single gift” includes any event, item, or group of items used in conjunction with each other or any trip including transportation, lodging, and attendant costs, not excluded from the definition of gift under RCW 42.52.010. The value of gifts given to an officer's or employee's family member or guest shall be attributed to the official or employee for the purpose of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member or guest. 10.15 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well-being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. 64 Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. Testing: Certain employees of the City, including those who must possess CDL’s or who have safety sensitive positions, are subject to random drug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City’s substance abuse policy, and these are incorporated herein by reference as Appendix B. 65 CHAPTER XI DISCIPLINE AND TERMINATIONS 11.1 VALUE STATEMENT The City values the self-discipline which most employees exercise in performing their jobs. The City also believes that external discipline can also be positive, if it is honest, constructive, timely, and provided in the best interests of both the employee and the City. When teaching or discipline fails to correct an ongoing problem, progressive discipline will be used to provide sufficient opportunity for the employee to understand and correct it. 11.2 ACTIONS SUBJECT TO DISCIPLINARY ACTION Our success in providing excellent service to our citizens and maintaining good relationships with the community depends on our employees. We have therefore provided for your guidance certain conduct which, if engaged in, would be detrimental to our objective and could lead to disciplinary action including discharge. The following specified conduct is illustrative and not comprehensive.  Misrepresentation or withholding of pertinent facts in securing employment.  Unauthorized use or possession of the city facilities/property. Improper use of the Internet.  Unauthorized use of position with the city for personal gain or advantage. Accepting unlawful gratuities or bribes.   Lying.  Smoking in any unauthorized area or creating of fire hazards in any area.  Employee appearance or dress which is inappropriate for the employee’s work area, creates a potential safety hazard, violates common decency standards, or otherwise significantly distracts from the employee’s job responsibilities.  Personal telephone calls, both number and duration, should be held to a minimum. SCAN lines and FAX machines are available for City business only. Personal long distance calls must be placed through the City’s central switchboard for billing purposes.  Failure to report an occurrence causing damages to the city, customer, or public property. Failure to properly secure the city facilities or property.  Loitering after completing day's work, which results in the disruption of the city's business or the work effort of other employees. Vending, soliciting, or collect ing contributions for any purpose whatsoever during working time on the premises without the permission of the supervisor.  Unauthorized operation or using machines, tools, or equipment to which the employee has not been specifically assigned. 66  Unauthorized recording of another employee's time record. Both employees can be subject to disciplinary action.  Habitual lateness for work. Absence without proper notification to immediate supervisor, excessive absenteeism, or insufficient reasons for absenteeism. Loitering, goofing off, failing to assist others in a work situation.  Making malicious, false, or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of the city, members of the public, or our employees, on or off premises. Disorderly conduct, including fighting on the premises. Rudeness, discrimination, harassment, intimidation, coercion, use of obscene language, gesture or lack of courtesy to the public or fellow employees. Immoral conduct while on duty.  Intentional falsification of records/paperwork required in the transaction of the city business.  Inability, inefficiency, negligence, or insubordination, including a refusal or failure to perform assigned work. Concealing defective work. Poor job performance.  Failure to observe safety practices, rules, regulations, and instructions. Negligence that results in injury to others or damage to property. Failure to wear required safety clothing and equipment.  Failure to promptly report an on-the-job injury or accident involving City employees, equipment, property, or a visitor.  Dishonesty or theft, including deliberate destruction, damage, or removal of the city's or other's property from the premises, or any job site.  Possession, use, sale, or being under the influence of alcohol and controlled substances, as defined by the federal Controlled Substances Act, while on the city business (including standby duty). The only exception to this rule shall be for (a) an employee using or possessing a controlled substance prescribed by a doctor if such employee has given his/her supervisor prior notice of such use and/or possession and such use does not impair safe and/or efficient work performance; (b) an employee carrying in his/her personal vehicle one or more unopened, factory or store sealed container(s) of alcohol; and (c) a law enforcement officer carrying in his/her city vehicle any alcohol and/or controlled substances that have been seized as evidence in a law enforcement action.  Possession of explosives or weapons on the premises or at any job site.  Conviction of a gross misdemeanor or felony. 11.3 DISCIPLINARY ACTIONS In the event that discipline is necessary, the following are examples of types of disciplinary actions that may be used for employees, by the Department Director (with the exception of terminations which are at the discretion of the Mayor). The level selected depends on the particular situation and severity of the offense: 67 A. Oral Warning Oral warnings may be given for minor offenses, or to bring to the employee's attention a potential work performance problem. They are intended to give an employee an opportunity to correct a condition. Written Warning A written warning will be issued by the supervisor in the event the employee continues to disregard an oral warning, or if the misconduct, inadequate performance, or infraction is severe enough to warrant a written record in the employee's personnel file. B. Suspension A suspension is time off with or without pay for disciplinary reasons. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations. C. Demotion. A demotion is a transfer to a position with lesser responsibility and usually less pay. Demotions may be temporary or permanent. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has demonstrated an inability to competently perform his assigned position D. Performance Improvement Plan/Last Chance Agreement. A Performance Improvement Plan may be used when an employee has violated rules and standards, or has demonstrated an inability to competently perform his/her assigned position, and the employee is given an additional period of time to demonstrate rule abiding and competent behavior. A Performance Improvement Plan may not exceed six cumulative months. Leave days will not be included in this six month period. If the regular employee fails to correct performance or repeats the unacceptable conduct during the Performance Improvement Plan period, the employee may be discharged. E. Termination A termination is the involuntary separation of an employee from the City. This form of discipline is also administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has demonstrated an inability to competently perform his assigned position. Terminations are subject to approval by the Mayor. The choice of what discipline to apply in any particular case is solely the City's decision. The City reserves the right to discipline employees up to and including termination without following any of the above examples of disciplinary actions in any particular order (unless otherwise specified in an applicable collective bargaining agreement) for single offenses if warranted depending on the severity of the offense. For exempt employees, Washington State allows unpaid disciplinary suspension in increments of less than one week only for violations of safety rules of major significance. Unpaid disciplinary suspensions for non-major safety violations cannot be less than full-week increments. 68 Paid Administrative Leave. On a case-by-case basis, the employee may be placed on paid administrative leave with pay for an indefinite period of time as determined by the Mayor to be in the best interests of the City during the pendency of an investigation or other administrative proceeding. The City may place an employee on unpaid administrative leave if the circumstances warrant this action. 11.4 PRE-DISCIPLINARY OR PRE-TERMINATION HEARING Consistent with the United States Supreme Court Loudermill decision, a pre-disciplinary hearing shall be conducted in the following manner before a disciplinary action is taken which results in a decrease or loss of pay and/or benefits, for represented employees. The pre-disciplinary hearing serves as a check against mistaken decisions and as an opportunity for an employee to furnish additional facts before a disciplinary decision is finalized. In the event a department head desires to suspend, demote, or terminate an employee, after consultation with Human Resources, the employee shall be provided with a notice of the recommendation for disciplinary action. The notice shall include an explanation of the charges on which the recommendation is based, and the time and date for a pre-disciplinary hearing. If the employee fails or refuses to appear, the disciplinary action may proceed. Pre-disciplinary hearings will be presided over by the Department Director and a Human Resources representative and/or the City Attorney. The hearings are intended to be informal. The employee may show cause why he/she should not be disciplined. The employee may bring one person to the hearing as a representative. Usually within ten (10) working days after the pre-disciplinary hearing, the Department Director or Mayor will issue a decision on whether there are reasonable grounds to believe the charges against the employee are true and support the recommended disciplinary action. The Department Director or Mayor’s decision may include whether to accept the disciplinary recommendation, to impose lesser discipline, or to impose no discipline. Written notice of the decision shall be supplied to the employee. A longer review period may be required in more complex situations. Probationary employees who have not completed their orientation period with the City will not be eligible for a pre-disciplinary or pre-termination hearing, and may be terminated from employment with the City at any time during their orientation period. 11.5 LAYOFF The Mayor may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place. In determining who is to be laid off, the Mayor reserves the right, within the budget parameters set by the Council, to determine the layoffs in a way which provides the best mix of skills and experience as needed to provide services by the City. Consideration will be given to the needs of the City, individual job classifications, individual job performance, and the qualifications required for the remaining jobs. Employees who are laid off may be eligible to be re-employed, if a vacancy occurs in a position for which they are qualified within a one year period. 69 11.6 RESIGNATION As a professional courtesy and in consideration of staffing needs, an employee should provide two (2) weeks’ notice of his/her resignation. The employee’s department head may waive this time limit; however employees must be aware that by not providing written notice they may in many cases reduce their sick leave pay out amounts upon termination, under applicable collective bargaining agreements. Once written notice of a resignation is submitted by the employee, the supervisor or Department Director will notify the Human Resources Office. Human Resources will contact the resigning employee to schedule an exit interview prior to the date of their resignation of employment. At the exit interview, the employee will be given information related to benefits and/or continuation of benefit options, and be expected to turn over any City issued property, including keys, ID badges and/or City credit cards. If any employee would also like to meet with the Mayor or Department Director to discuss their reasons for leaving employment with the City, they may do so at their option. The City may request that the employee work the entire notice period, or may have the employee discontinue working earlier, with full pay and benefits through the duration of the notice period, at the City’s sole discretion. 70 CHAPTER XII RECOGNITION AND SUGGESTIONS 12.1 VALUE STATEMENT The City would like to show special recognition to employees who provide extraordinary achievement and contribution. To that end, the City encourages this through public recognition and reward. 12.2 AWARDS/RECOGNITION The City extends formal recognition each year for all regular employees whose work and dedication exceed expected standards. The formal recognition programs include the following: 1. Service Awards - Employees who have completed 10, 15, 20, 25, and 30 years of employment. 2. Employee of the Year - Employee who is selected by his or her peers as the individual who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 3. Humanitarian of the Year -Employee who is selected by the Mayor as an individual who goes above and beyond the normal job duties as an exemplary worker and who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 4. Service Awards Ceremonies- Expenditures for reasonable refreshments served at: (1) the Mayor’s Annual City-wide Employee Awards Programs, including luncheon to recognize employees with 10, 15, 20, 25, 30, 35 and/or 40 years of service; (2) the Holiday Brunch, including brunch to recognize employees selected for service awards; and 3) for service retirement recognition (Limited to one each per year) and (3) for employee retirement service events. 12.3 SUGGESTIONS It is the policy of the City to reward employees whose suggestions result in significant cost reductions, increased value of services, or greater efficiencies of time. Suggestion rewards are limited for creative/innovative changes, which are not performed within the scope of the employee's job description or for work already performed. The Mayor is authorized to pay awards based upon value of the suggestion. The Mayor may appoint a Suggestion Committee to review and investigate employee suggestions and make recommendations for an appropriate reward amount. Suggestion awards which exceed $250 shall be approved by the City Council and awarded in a public meeting. 71 CHAPTER XIII SAFETY 13.1 VALUE STATEMENT The City recognizes that every job is too important to allow it to be done in an unsafe manner. Performing a job unsafely and placing self and coworkers in jeopardy of accidental injury or damage to property is unacceptable behavior, and grounds for disciplinary action. 13.2 GENERAL SAFETY Every employee has the right to a safe working environment. Every employee is responsible for maintaining a safe work environment and following their Department’s safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to his/her supervisor. The City will make every effort to remedy problems as quickly as possible. 13.3 BLOODBORNE PATHOGENS Since being exposed to a bloodborne pathogen may lead to sicknesses such as hepatitis, HIV, or malaria, and since the City wants to provide our employees with a safe and healthy work environment, it is the policy of the City to comply with all statutory obligations for the prevention of exposure to bloodborne pathogens. Employees should familiarize themselves with the City's Exposure Control Plan and follow it at all times. Failure to comply with this Plan will result in discipline up to and including termination. 13.4 WORKPLACE VIOLENCE The City is committed to providing a safe workplace for its employees, guests, and the public. Threatened or actual workplace violence is strictly prohibited. This includes, but is not limited to, any of the following conduct occurring in or around the workplace, or otherwise related to employment:  Threatening injury or damage against a person or property.  Fighting or threatening to fight with another person.  Threatening to use or the possession, custody, storage, or control of a weapon (an instrument or device of any kind which may be used to inflict bodily harm or injury, or to establish fear simply due to its presence on the scene) on City premises including, but not limited to, buildings, offices, work areas, lounges, vehicles, parking lots, desks, cabinets, lockers, storage areas, and any other City owned property on which employees may work, unless the weapon is required to fulfill the employee’s job duties, such as those of a police officer. Pepper spray and similar devices maintained for personal protection are permissible, provided that employees are responsible for ensuring that such devices are secure while at work.  Abusing or injuring another person.  Abusing or damaging property.  Using obscene or abusive language or gestures in a threatening manner.  Raising voices in a threatening manner. Because of the potential for misunderstanding, joking about any of the above misconduct is also prohibited. Any employee who violates this policy will be subject to corrective or disciplinary action, up to and including termination. 72 Employees should immediately report threats or incidents of workplace violence to their supervisor, Department Director, Human Resources, or the Mayor. If the act or altercation constitutes an emergency, CALL 911. The Police Department should be notified immediately in case of a threat of or the actual commission of a crime. In the event of imminent danger to persons or property, employees should take immediate action to safeguard themselves. At no time should employees place themselves in harm’s way to protect vehicles or property. Even without an actual threat of violence, employees should report any behavior they have witnessed which they may regard as a real or perceived threat of violence. Incident reports are to be completed, as appropriate. Department Directors and, in the case of criminal actions, City law enforcement are responsible for responding to and investigating potential or violent situations. Supervisors detecting situations where they believe an employee represents a workplace violence concern should contact their Department Director or to Human Resources prior to addressing a potential workplace violence situation. The specific circumstances applicable to the situation will determine the intervention and disciplinary approach to be taken. While the City has a strong commitment to customer service, employees are not expected to be subjected to verbal abuse or physical threats from the public. Rather, the employee should excuse him/herself and report the situation to a supervisor who will handle the situation from that point. Supervisors will discuss the situation with the appropriate Department Director and/or the City police personnel. If an employee has been served a protection or no contact order which would restrict his/her ability to perform his/her assigned duties or be at a City work location, the employee shall report the matter to his/her supervisor. The City will consider possible job modifications and the overall safety interests of the general workforce and the public when determining an appropriate course of action. 13.5 SAFETY COMMITTEES Each Department with employees that, because of job related duties are subjected to potentially hazardous conditions, shall have an Employee Safety Committee. The members of the Department Safety Committee shall be selected by their coworkers. They shall meet at least quarterly to review accidents and recommend corrective actions, investigate employee safety concerns and complaints, and recommend training and accident prevention programs. They shall keep minutes of their meetings. There shall also be a City Safety Committee, which shall be composed of a representative from each Department Committee and a representative from Human Resources. They should meet quarterly to review city wide safety issues and recommend corrective actions on unresolved safety problems. One designated member shall prepare minutes of their meetings, which will be maintained by the Human Resources Office. 13.6 ACCIDENTS In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor, and complete the appropriate department accident report form. In case of vehicle accident, call 911 and request Police assistance. Employees should render aid to injured persons at the scene of an accident to the extent they have been trained to assist. In the event of an accident involving injury or damage to property, the employee(s) 73 involved shall complete a City Accident Report as soon as reasonably possible following the accident. The Supervisor shall investigate the accident and complete the Supervisor’s Accident Report. Both reports shall be submitted to the Department Director and the Department Safety Committee. In the next City-wide Safety Committee meeting, the Committee shall review the reports and make recommendations for appropriate corrective actions. The Human Resources Office maintains accident Reports. 13.7 TRAINING At least one member of each crew working in the field is required to have a valid First Aid card. This requires recertification training every two years. 13.8 ACCIDENT PREVENTION PROGRAM Each Department must have a formal, written Aaccident prevention programPrevention Program (APP) tailored to its particular operations and hazards. This program must include a safety orientation program and a safety bulletin board. The safety orientation must inform employees of the following: how and when to report injuries and unsafe conditions and practices, the use and care of required personal protection equipment, actions to take in emergencies including exit routes and locations of first aid facilities, and on-the-job safety practices. Employees will also be provided the hazard communications guidelines supporting the Worker's Right to Know requirements, which provides instructional information on hazardous materials used in the workplace, proper labeling of chemicals used, and emergency procedures for the employee to use in the event of a hazardous exposure or spill. Workers will be provided with proper personal protective equipment while working with hazardous materials and are required to use such safety equipment. Each worksite must also have a designated Safety Bulletin Board for displaying safety bulletins, posters, accident statistic, and other safety educational materials. Additionally, the Human Resources Office will maintain a comprehensive Accident Prevention Plan (APP) for the City. Compliance updates for the plan are to be provided regularly to Human Resources by each of the affected departments. APP training will be provided to their affected employees by their respective departments. All employees are expected to work safely and comply with work safety practices as outlined in the APP. Copies of safety meeting minutes and safety training records for all departments (with the exception of the Police Department, which maintains its own records) will be provided to Human Resources. 74 CHAPTER XIV COMPLAINT PROCEDURES 14.1 COMPLAINT PROCEDURES The City recognizes that sometimes situations arise in which employees feel that they have not been treated fairly or in accordance with City policies. For this reason the City provides employees with procedures for resolving complaints. Step 1: Employees should first try to resolve any problem or complaint with their supervisor. Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of City policies and procedures, the employee should attempt to resolve the problem with his/her department head. The complaint must be filed within ten (10) working days of the occurrence leading to the complaint, or ten (10) working days after the employee becomes aware of the circumstances. The department head will usually respond to the employee [in writing] within five (5) days after meeting with him/her, if possible. Step 3: If the employee is not satisfied with the response from the department head, the employee may submit the problem, in writing, to the Mayor. The written complaint must contain, at a minimum: (1) A description of the problem; (2) A specific policy or procedure which the employee believes has been violated or misapplied; (3) The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances; (4) The remedy sought by the employee to resolve the complaint. The written complaint must be filed within ten (10) working days from receipt of the department head’s response. The Mayor may meet with the parties, either individually or together, and will usually respond in writing to the aggrieved employee within ten (10) days of the meeting. The Mayor's response and decision shall be final and binding. Certain employees may have more than one source of dispute resolution rights, i.e., the City's Civil Service rules, a collective bargaining agreement, if any, and this complaint process. Employees represented by a bargaining unit or who are covered under civil service rules should follow grievance procedures set out in their respective labor contracts or civil service rules, where applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to utilize both this process and any other complaint or appeal procedure that may be available to an employee. 75 APPENDIX A Information Services Acceptable Use Policy 1.0 Purpose This documents acceptable use of City of Edmonds Device and Systems Policy, and provides guidance for managing the use of electronic devices and systems by all departments, employees and users of City systems. 2.0 Background The City of Edmonds provides employees with a variety of devices, and technology systems such as telephones, voice mail, computers, facsimile machines, instant messaging, electronic bulletin boards, electronic mail (email) systems, cellular phones, wireless devices, Internet access, and social media. The City recognizes the importance of electronic devices and tools in accomplishing work in an efficient manner. Access to these systems provides rapid exchange of information that improves productivity. It is important, however, that these devices and systems be used in a manner which benefits the government and which is responsible to City taxpayers. The goal of this policy is to ensure economical, effective, and efficient management of communication systems and to ensure that employees use these systems in a professional manner that reflects positively upon the City. This policy establishes privileges and responsibilities for employees, and employees must agree to, and abide by this policy to utilize these systems. 3.0 Scope This policy applies to all employees, contractors, consultants, temporary employees, vendors and any others that are provided access to City of Edmonds communication systems, including those workers associated with any third parties who access these systems. Throughout this document, the word "employee" will be used to collectively refer to all such individuals. This policy also applies to all communications and data systems owned by and/or administered by the City of Edmonds both on and off City property. 4.0 Authority RCW 42.17 Public Disclosure RCW 40.14 Public Records 5.0 Device & Systems Usage Policy The City of Edmonds provides access to the vast information resources available through communication devices and systems including, computers, servers, email, voice mail, bulletin boards, instant messaging, cell phones, telephones, wireless devices, tablets, and other telecommunications and information systems. These information resources are for use to help employees work better, faster and smarter, and be well-informed about effective business 76 practices. The facilities to provide that access represent a considerable commitment of City resources. This usage policy is designed to help employees understand the City’s expectations for the use of those resources. First and foremost, the City’s supplied devices, software, and systems, are provided at significant cost. That means that the City expects these systems to be used for City business- related purposes: to accomplish tasks, communicate with customers, suppliers, and associates, to research relevant topics and obtain useful business information. With rare exceptions, these systems are not to be used for private purposes. Employees should have no expectation of personal privacy in using them. The City requires employees to conduct themselves honestly and appropriately in the use of the use of technology provided, and respect copyrights, software licensing rules, proprietary rights and prerogatives of others, just as in any other business dealings. To be absolutely clear on this point, all existing City policies apply to employees conducting business with these devices, software, and systems. This includes especially, but not exclusively, those that deal with intellectual property protection, misuse of City resources, harassment, including sexual harassment, information and data security, and confidentiality. Unnecessary or unauthorized device and system usage costs money, and causes network and server congestion. It slows other users, takes away from work time, consumes supplies, and ties up printers and other shared resources. Unlawful devices or systems usage may also garner negative publicity for the City and expose Edmonds to significant legal liabilities. Internet, postings, blogs, chat groups, social media, newsgroups, and email systems give each user an immense and unprecedented reach to propagate City messages and tell the City story. Because of that power the City must take special care to maintain the clarity, consistency and integrity of the City of Edmonds image and posture. Anything any one employee writes in the course of acting for the City on the communication systems can be interpreted as a formal representation of the City’s position. While the City’s use of these devices and connections to systems offer many potential benefits, it can also open the door to significant risks to our data and systems if employees do not follow appropriate security discipline. As presented in greater detail, that may mean preventing machines with sensitive data or applications from connecting to a communication system entirely, or it may mean that certain users must be prevented from using certain communication systems or their features, for example remote file access or file transfers. The overriding principle is that security is to be a primary concern of every user. Employees can be held accountable for any breaches of security or confidentiality. Certain terms in this policy should be understood expansively to include related concepts. Document Covers any kind of file, or stream of data, that can be st ored, printed, read, or viewed. This would include files for browsers, desktop applications, such as word processing or desk-top publishing, and specialized software programs databases, GIS, and their viewers. Graphics Includes photographs, pictures, video, images, animations, movies, or drawings. 77 Display Includes monitors, flat-panel active or passive matrix displays, monochrome LCDs, projectors, televisions, handheld screens and virtual-reality tools. Audio Includes any sounds, recordings and files containing sounds or voice. All employees provided or granted device, software or systems access will be provided a copy of this policy or a “link” to the policy where it may be viewed and/or printed. Any questions concerning the policy should be directed to the employee’s supervisor. If there is any portion of this policy that is not clearly understood by the employee, it is the employee’s responsibility to bring the question to the attention of their supervisor for clarification. 6.0 Detailed Policy Provisions 1. Management and Administration 1.1. The City of Edmonds has software and systems in place that can monitor and record all software and systems usage. Most systems such as electronic mail, facsimile transmissions, Internet traffic, and voice mail are technologies that create an electronic record. This is what separates these from other forms of communication such as a telephone conversation. An electronic record, like a paper record, is reproducible and therefore special care must be taken to avoid improper dissemination of protected or confidential information. Electronic records are subject to public disclosure laws to the same extent as are paper records. Electronic records may be inspected for audit or legitimate operational or management purposes. The City reserves the right to inspect any and all files stored in any areas of City systems in order to assure compliance with policy. Electronic records are to be kept, maintained, released, withheld, and destroyed only in accordance with the Public Disclosure Act (RCW 42.17) and the law governing preservation and destruction of public records (RCW 40.14). 1.2. The City’s security systems are capable of recording (for each and every user) each World Wide Web site visit, each chat newsgroup or email message, and each file transfer into and out of City systems, and other communications related information. The City reserves the right to monitor and record such uses at any time. No employee should have any expectation of personal privacy as to their communication systems usage or use of any software or hardware provided by the City. The City will review communication systems activity and analyze usage patterns, and may use this data to assure that City communication systems resources are devoted to maintaining the highest levels of productivity. 1.3. The creation or transmission of any kind of sexually explicit image or document on any City system is a violation of the City’s policy on sexual harassment (see Personnel Policies Section 2.4, Sexual Harassment Prohibited). Some images or documents do not apply to this policy, such as the legitimate needs of public safety agencies. In addition sexually explicit material may not be accessed, viewed, down loaded, archived, stored, distributed, edited or recorded using our network or communication systems. The 78 City of Edmonds uses independently supplied software and data to identify inappropriate or sexually-explicit material. The City may block access to all such sites of which the City becomes aware. If an employee is inadvertently connected to a site that contains sexually explicit or offensive material, the employee must disconnect from that site immediately, regardless of whether that site had been previously deemed acceptable by any screening or rating program. 1.4. The creation or transmission of derogatory, inflammatory or harassing messages or content (including, without limitation, derogatory, inflammatory or harassing remarks about an individual's race, age, gender, disability, religion, national origin, marital status, military or honorably discharged veteran status, sexual orientation, including gender expression or identity, genetic information or any other protected characteristic ) is a violation both of this policy and of the City’s Anti-Harassment Policy. 1.5. Use of City communication systems for solicitation of non-City business or for personal gain is prohibited. 1.6. The City of Edmonds communication systems and computing resources must not be used to violate the laws and regulations of the United States or any other nation or the laws and regulations of any county, city, province or other local jurisdiction in any material way. Use of any City resources for illegal activity is grounds for discipline, up to and including immediate dismissal and consistent with applicable law. The City will cooperate with legitimate law enforcement and regulatory agencies for logs, diaries and archives on employee activities. 1.7. Any software or files downloaded via the City’s devices, software, or systems into the City’s systems may be used only in ways that are consistent with their licenses or copyrights. 1.8. No employee may use City systems to knowingly download or distribute pirated software or data. Any file that is downloaded must be scanned for viruses before it is run or accessed. 1.9. No employee may use a City device, software, or its systems to deliberately propagate any viruses or other code harmful to City data or systems. 1.10. No employee may use City devices, software, or systems to knowingly disable or overload any computer system or network or to circumvent any security feature of the systems. 1.11. Each employee shall identify themselves honestly, accurately and completely (including City department and function where requested) when participating in authorized chats or newsgroups, or when setting up accounts on outside computer systems. 1.12. Only those employees or officials who are duly authorized to speak on behalf of the City to the media, to analysts or in public gatherings may speak/write in the name of the City to any electronic media, such as newsgroup, chat room, blog, or social media. Other employees may participate in electronic media in the course of business when authorized and relevant to their duties, and should be cautious to make it clear 79 when they are expressing an individual opinion as opposed to establishing or representing the City’s position or policy on a matter. Where an individual participant is identified as an employee or agent of the City of Edmonds, the employee must refrain from political advocacy and must refrain from the unauthorized endorsement or appearance of endorsement by the City of any commercial product or service. 1.13. The City of Edmonds retains proprietary rights and the copyright to any material posted to any electronic media (including, without limitation, any social media, forum, newsgroup, chat room or World Wide Web) by any employee in the course of his or her duties with the City, unless otherwise provided by law. 1.14. Electronic transmission of protected or confidential City information is governed by the same rules and principles that govern paper transmittals. Protected or confidential City information may include, but is not limited to, certain financial data, personal data, certain proprietary information, security information, trade secrets, and any other material exempted from disclosure, or required to be held confidential by law and City policies and/or procedures. The unauthorized release of protected information - whether or not the release is inadvertent - may subject an employee to penalties or discipline under existing policies and procedures. 1.15. A wide variety of materials may be deemed offensive by colleagues, customers or business suppliers. Employees must be aware of this and not store, view, print or redistribute any document or graphic file that is not directly related to the user's job or City activities, or that is likely to be deemed offensive by a r easonable person. (Exception: Viewing of unsolicited material sent to the employee.) 1.16. Employees must understand that copyright, trademarks, libel, slander and public speech control laws of all jurisdictions in which the City conducts business apply to the City and its employees. Care must be taken so that the use of the communication systems does not inadvertently violate any laws which might be enforceable against the City. 1.16.1. Employees with device and communication systems access may only download software for direct business use, and they must arrange to have such software properly licensed and/or registered with Information Services. Downloaded software if subject to a license must be used only under the terms of its license. 1.16.2. Employees may not download entertainment software or games or play games with others over the communication systems. 1.16.3. Employees may not download audio, images or videos unless there is an explicit business-related use for the material and such downloading does not violate any copyright or licensing requirements. 1.17. Employees may not upload any software licensed to the City or data owned or licensed by the City without explicit authorization from the manager responsible for the system, software or data. 80 2. Technical 2.1. User identification (IDs) and passwords help maintain individual accountability for communication systems resource usage. However, the issuance of ID's and passwords is not intended to create any personal privacy rights. Any employee who obtains a password of or for a device or system resource must keep that password confidential, except for communication with authorized personnel. City policy prohibits the sharing of user IDs or passwords obtained for access to devices, software and systems. Employees shall not use the password or ID of another user, except in cases of job related necessity as approved by the Department Head. Employees shall not reveal the password or ID to an unauthorized person or entity. 2.2. Video and audio streaming and downloading technologies represent significant data traffic which cause local network congestion. Employees should schedule communications-intensive operations such as large file transfers, video or audio downloads, mass e-mailings and the like so as not to impact other users of the City’s systems. The preferred time for such transfers are the off peak hours between 6:00 PM and 7:00 AM Pacific time. 3. Security 3.1. The City has installed a variety of firewalls, application, network address screening programs and other security systems to assure the safety and security of systems. Any employee who attempts to disable, defeat or circumvent any security facility is subject to discipline up to and including dismissal and possible criminal prosecution. 3.2. Files containing confidential and/or protected data that are transferred in any way across communication systems must be protected. 3.3. Devices that use their own network to create an independent data connection can sidestep network security mechanisms. These independent connections to outside networks can be used by an attacker to compromise City software, systems and networks. Any device used for an independent network connection must be isolated from the City’s internal networks and approved in advance by Information Services. 3.4. Only those communication systems, services and functions with documented City business purpose will be enabled at the systems firewall. 4. Incidental use 4.1. De minimis use is an infrequent or occasional use that results in little or no actual cost to the City. An occasional brief local phone call, Internet access or email to make a medical or dental appointment is an allowable de minimis use of communications systems. The cost of a brief local phone call is negligible and need not interfere with job performance. 4.2. The proper stewardship of City resources, including funds, facilities, tools, property, and employees and their time, is a responsibility that all employees share. Accordingly, employees may not use devices, software, or systems for personal benefit or gain or for the benefit or gain of other individuals or outside organizations. Personal 81 benefit or gain may include a use solely for personal convenience, or a use to avoid personal expense. 4.3. Responsibility and accountability for the appropriate use of devices, software, or systems ultimately rests with the individual City official and City employee, or with the City official or City employee who authorizes such use. Employees and officials are cautioned that their own personal use of devices, software, or systems should never interfere with another City official or employee, or obligate another employee to make personal use of City resources. In addition, City employees have an affirmative duty to ensure that any personal use of devices, software, and systems is the most efficient in terms of time and resources. 4.4. Extensive or repeated personal misuse of City resources, including time, significantly undermines public trust in government. Nevertheless, a very limited personal use of City devices, software, and systems that supports organizational effectiveness would not undermine public trust and confidence. 4.5. Subject to restrictions elsewhere in this policy, a City official or employee may make an occasional, but limited, personal use of devices, software, or system resources only if each of the following conditions are met: 4.6. There is little or no cost to the City; 4.6.1. Any use is brief in duration, occurs infrequently, and is the most effective use of time or resources; 4.6.2. The use does not interfere with the performance of the officer's or employee's official duties; 4.6.3. The use does not disrupt or distract from the conduct of City business due to volume or frequency; 4.6.4. The use does not disrupt other City employees and does not obligate them to make a personal use of City resources; and 4.6.5. The use does not compromise the security or integrity of City property, information, or software. 4.7. The City Code, state and federal laws, strictly prohibit uses of taxpayer resources for private benefit or partisan political purposes. Any use of City resources to support such activity clearly undermines public confidence in government and reflects negatively on City employees generally. In compliance with these provisions, this policy explicitly prohibits, at all times and to any degree, the following private uses of devices, software, and systems and resources: 4.7.1. Any use for the purpose of conducting an outside business or private employment. 4.7.2. Any use for the purpose of supporting, promoting the interests of, or soliciting for an outside organization or group, including, but not limited to: a private 82 business, a nonprofit organization, political candidate, a political party, or a ballot issue (unless provided for by law, City code, or other policy). (Note: It is not intended to prohibit forwarding information related to United Way or other organizations related to city government such as the Association of Washington Cities (AWC)). 4.7.3. Any use for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. 4.7.4. Any use related to conduct that is prohibited by a federal or state law or rule, or a City code or policy; and 4.7.5. Any private use of any devices, software, or systems property that has been removed from City facilities or other official duty stations, even if there is no cost to the City. 4.8. The general ethics standard is that any use of devices, software, or systems resources other than for official business purposes needs to be brief in duration and frequency to ensure there is little or no cost and the use does not interfere with the performance of official duties. 5. Policy Changes; Other City of Edmonds Policies 5.1. The City of Edmonds Information Services may modify or revise its devices, software, and systems use policies (including these specific regulations) at any time, in its sole discretion. The City will notify the Union of any changes in policy that may affect wages, hours, or working conditions prior to implementation. Employees are required to comply with all such subsequent modifications or revisions. Modifications and/or revisions will be posted on a shared network resource, posted on City Web sites, distributed through email, staff meetings or other communication method. 5.2. These devices, software, and systems use policies are in addition to, and do not replace or supersede, any and all other policies promulgated by the City from time to time which are applicable to its employees (including general policies relating to misuse of City assets or resources, sexual harassment, unauthorized public speaking and misappropriation or theft of intellectual property). Misuse or inappropriate use of devices, software, or resources, in violation of these or any other City policy, may result in discipline, up to and including discharge. 5.3. Violation of these policies may result in discipline, up to and including discharge, regardless of whether the particular section or paragraph refers to disciplinary action. 6. References: 6.2. Regulatory Codes of Washington (RCW) 42.52.160, 42.52.180, 42.17.190 6.3. Washington Administrative Code (WAC) 292-120-035 83 Appendix B Drug and Alcohol Testing Policies and Procedures Introduction: The City of Edmonds has adopted a substance abuse policy as part of the Personnel Policies that establishes that any employee may be required to submit to alcohol or controlled substance testing for reasons described in this policy. The City reserves the right to designate certain positions as “safety sensitive,” which may require pre-employment drug screening and random drug testing. Additionally, drug and alcohol testing policies and procedures are required by the U.S. Department of Transportation for employees who are required to have a Commercial Driver’s License (CDL) to perform their job. This document has three parts: 1) policies that apply to employees who are not required to have a CDL (non-CDL employees); 2) policies that apply to employees who are required to have a CDL; and 3) procedures applicable to all employees . PART I: POLICIES THAT APPLY TO ALL EMPLOYEES WHO ARE NOT REQUIRED TO HAVE A CDL (NON-CDL EMPLOYEES) Policy The City of Edmonds is committed to protecting the health, safety and well-being of its employees and all individuals who come into contact with our employees and workplace. In addition, we strive to create and maintain a productive and efficient work environment in which all employees have an opportunity to thrive and be successful. Recognizing that drug and alcohol use and abuse can pose a serious threat to these goals, the City of Edmonds is committed to providing a drug and alcohol-free workplace for all of its employees. Definitions Drugs - For purposes of Part I of this policy, “drugs” refers to any illegal substance or controlled substance as defined by the federal Controlled Substances Act, taken without a valid prescription, including but not limited to: marijuana (THC), cocaine, opiates, synthetic opiates, phencyclidine (PCP), and amphetamines. Alcohol – “Alcohol” means ethyl alcohol, the intoxicating agent in alcoholic beverages, or other low molecular weight alcohols, including methyl or isopropyl alcohol. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Reasonable Suspicion – Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation Form) regarding an employee’s appearance, behavior, speech, breath odor, or other factors that indicate the employee may be under the influence of alcohol or drugs. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse 84 Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. Drug and Alcohol Testing Tests The City of Edmonds may test any employee or applicant for drugs or alcohol as set forth in this policy. This includes urine drug testing and evidential breath alcohol testing. Alcohol and drug testing required by this policy is a mandatory condition of employment. Refusing to submit to such tests constitutes a violation of City policy and will result in termination of employment (or, for an applicant, withdrawal of the conditional job offer.) Reasonable Suspicion – Whenever a City of Edmonds Human Resource representative, or a supervisor has reasonable suspicion (described and documented using a Reasonable Suspicion Testing and Documentation Form) suggesting that the employee is under the influence of alcohol or drugs, the employee shall submit to a reasonable suspicion drug and/or alcohol test. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Supervisors should complete a Documentation Form and, if possible, have the form signed by a witness. If a supervisor has reasonable suspicion to believe that an employee who is on duty, about to go on duty, or just completed duty is under any influence of drugs or alcohol, the supervisor will remove the employee from duty immediately. The employee will be advised of the reasons for reasonable suspicion and will be transported to the collection site by the supervisor for testing. If a reasonable suspicion alcohol test is not conducted within two hours of determination that it is necessary, the supervisor will prepare and maintain documentation of the reasons why it did not occur within that time frame. Post-Accident – An employee who is involved in an accident while driving a vehicle for City business will be required to submit to a drug and alcohol test if the accident results in (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. After an accident, employees are responsible for contacting their immediate supervisor or other management personnel. If the above conditions are met, the employee must make himself or herself available for post-accident testing as soon as possible. Post-accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within 32 hours. An employee who does not comply with the post-accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post-accident situation should cooperate with law enforcement personnel investigating the scene. Supervisors are responsible for determining if the accident qualifies the driver for post-accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to their medical condition, the supervisor will document 85 the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. Return to Duty – Employees who have violated this policy but are allowed to return to work must test negative prior to being released for duty. A return-to-duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Follow Up – An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed twenty-four (24) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. PROHIBITED CONDUCT The City of Edmonds strictly prohibits the following:  Reporting to work or remaining on duty under the influence of alcohol or drugs.  Testing positive for alcohol or drugs. An alcohol concentration of 0.02 or higher is considered a positive test.  The use, possession, manufacture, distribution, dispensing, transfer or trafficking of alcohol or drugs and their paraphernalia in any amount or any manner on City premises, in City vehicles, or while on duty at any time.  Operating a City vehicle within four (4) hours after consuming any amount of alcohol. An on-call employee who consumes any amount of alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty.  The unauthorized use or distribution of prescription drugs on City premises, in City vehicles, or while on duty at any time.  The use of any legally obtained drug (prescription or over-the-counter) when such use adversely affects an employee’s job performance, their safety or the safety of others, or any combination thereof.  Violations of this policy. Employees who are taking medically prescribed or over-the-counter drugs should notify their supervisor if the medication may cause a direct threat by impairing job performance of safety- sensitive functions. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana under all circumstances, including where the employee has a medical prescription or a medical marijuana green card. Any employee found in violation of the above stated prohibitions will be subject to disciplinary action up to and including termination. REFUSAL TO SUBMIT An employee may not refuse to submit to a post-accident, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy. A refusal is treated as thoug h the test, if taken, was positive. 86 An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering, adulteration, substitution, or other interference with the collection and testing process are considered a refusal to test. CONSEQUENCES OF ENGAGING IN PROHIBITED CONDUCT Employees are subject to disciplinary action up to and including termination (and as specified in the Personnel Policies) for violating this policy. All employees, regardless of disciplinary action, will be advised of resources available for assistance with drug or alcohol misuse. Employees who violate this policy but whose employment is not terminated will not be permitted to return to work unless the employee: 1. has been evaluated by a SAP; and 2. if recommended by a SAP, has properly followed any rehabilitation prescribed; and 3. has had a post-treatment evaluation by the original SAP and is released to return to work; and, 4. has a verified negative return-to-duty test. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. An employee who successfully returns to work will be subject to follow-up random testing as recommended by the SAP with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. PART II: POLICIES THAT APPLY TO EMPLOYEES WITH COMMERCIAL DRIVER’S LICENSES Purpose The purpose of this part of this policy is to establish compliance with the Federal Motor Carriers Safety Administration regulations requiring drug and alcohol testing for Commercial Driver’s License holders. Regulations issued by the United States Department of Transportation mandate urine drug and evidential breath alcohol testing for employees in safety sensitive positions, including those who are required to hold certain Commercial Driver’s Licenses. These regulations may be found in 49 CFR Part 40 and Part 382 of the U.S. Code. This policy sets forth the City of Edmonds alcohol and drug testing program and the testing and reporting requirements as required by those regulations. Application Part II applies to all employees of the City who are required to have and maintain a Commercial Driver’s License in order to perform the duties of their job. Policy The City has a significant interest in the health and safety of its employees and the citizens of the City of Edmonds. In furtherance of that interest, it is the policy of the City to take those steps necessary to ensure that its employees perform their duties and responsibilities free of the influence of drugs and alcohol. Employees are encouraged to seek confidential counseling on problems associated with alcohol and drug abuse through the Employee Assistance Program. 87 There will be mandatory drug and alcohol testing for employees and job applicants as outlined in this part of this policy. Definitions Commercial Vehicle - A commercial vehicle is one that either: 1) has a gross vehicle weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); 2) is designed to transport 16 or more persons, including the driver; or 3) is used to transport hazardous materials. Driver - All employees whose positions may involve driving a commercial vehicle and which require the possession of a Commercial Driver’s License. Drugs - For the purposes of this policy, in accordance with the applicable federal regulations for Commercial Driver’s License holders, “drugs” refers to the following five substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP), and amphetamines. Nothing in this policy shall preclude the City from requesting testing for additional illegal or controlled substances taken without a valid prescription, including but not limited to synthetic opiates. Follow Up-An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow- up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Pre-Employment – After receiving a conditional offer of employment, applicants whose position requires a CDL are required to submit to, and successfully pass, a drug test. Reasonable Suspicion – Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation Form) regarding an employee’s current appearance, behavior, speech and breath odor or other factors that suggests the employee is under the influence of alcohol or drugs. Return to Duty-Employees who have violated this policy and who under the discipline policy are allowed to return to work, must test negative prior to being released for duty. A retur n to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Safety Sensitive Position - For purposes of this part (Part II) of this policy, these are positions that require a Commercial Driver’s License. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders. The SAP is responsible for evaluating employees with positive test results. 88 Prohibited Conduct. The following conduct regarding alcohol and drug use or abuse is prohibited: A. Alcohol  An employee may not report for or remain on duty requiring the performance of duties covered under this policy while having an alcohol concentration of 0.02 or greater.  An employee may not possess or use alcohol while on duty or while operating a City vehicle.  An employee may not operate a commercial vehicle within four (4) hours after consuming alcohol. An on-call employee who consumes alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty. B. Drugs Reporting for duty or remaining on duty when the employee has used a drug or drugs is strictly prohibited, as defined with these adopted policies. C. Use of Prescription Medication Except for medical marijuana, use of prescription medication or over-the-counter medication pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee’s ability to safely operate a commercial vehicle is not a violation of this policy. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively must inform their supervisor and may be required to provide written notice from their physician or pharmacist with respect to the effects of such substances and their ability to safely and effectively perform their job. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana even if the employee has a medical marijuana prescription or medical marijuana green card. D. Refusal to Submit to a Required Test An employee may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this part of this policy. A refusal is treated as though the test, if taken, was positive. E. Positive Drug Test An employee may not report for duty or remain on duty requiring the performance of duties covered under this policy if the employee tests positive for drugs or alcohol. F. Tampering with a Required Test An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering, adulteration, substitution, or other interference with the collection and testing process are considered a refusal to test. 89 Testing 1. Pre-employment Drug Testing All individuals who are covered by this part of this policy must pass a drug test as a post- offer condition of employment. 2. Reasonable Suspicion Testing Employees subject to this part of this policy shall submit to a drug and/or alcohol test when the City reasonably suspects that this policy may have been or is presently being violated. A referral for testing will be based on contemporaneous, articulated observations. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Alcohol testing for reasonable suspicion may only be conducted just before, during or after an employee operates a commercial vehicle. If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight hours, the employee will not be allowed to perform or continue to perform covered functions until: a) an alcohol test is administered and the driver’s breath alcohol concentration measures less than 0.02; or b) Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated this policy concerning the use of alcohol. 3. Post-Accident Testing All employees covered by Part II of this policy will be subject to post-accident testing if they are involved in an accident with a commercial vehicle on a public road or right-of- way which results in: a) A fatality OR b) The driver receives a citation under state or local law for a moving violation AND i. there is bodily injury to a person who, as a result of the inj ury, immediately receives medical treatment away from the scene OR ii. one or more motor vehicles incurs disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Post-accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within thirty-two (32) hours. After an accident, employees are responsible for contacting the immediate supervisor or other management personnel and remaining readily available for testing. An employee who does not comply with the post-accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post -accident situation should cooperate with law enforcement personnel investigating the scene. 90 Supervisors are responsible for determining if the accident qualifies the driver for post- accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to a medical condition, the supervisor will document the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. 4. Random Testing Employees covered by these procedures have been included in the AWC Drug and Alcohol Testing Consortium pool. This pool contains all eligible individuals from all of the consortium members. The pool database is managed by HealthForce Partners and is updated monthly as changes in personnel occur. The annual random testing rate required under federal regulations is fifty (50) percent of the pool of employees covered by this policy for drug testing and ten (10) percent of the pool for alcohol testing. This means that if the pool contains 1,000 members, there will be at least 500 random drug tests and at least 100 random alcohol tests conducted throughout the year. HealthForce Partners uses a software program to randomly select individuals for random testing on a monthly basis. Some individuals will be selected for drug testing and others will be selected for both drug and alcohol testing. Employees selected for random testing will be scheduled for a test by the Designated Employer Representative at some time during the month that the name was selected. Employees selected for alcohol testing may only be tested just before, during or after driving a commercial vehicle. Employees will not be notified until just prior to the testing. Upon notification of selection for random testing, the employee will receive an Employee Notification of Scheduled Drug and/or Alcohol Test letter from the Designated Employer Representative. The employee will be asked to sign this letter and a Testing Consent form. The employee must present the Employee Notification of Scheduled Drug and/or Alcohol Test letter at the collection site along with picture identification at the time of testing. A copy of all of the forms will be retained by the City. After notification, the employee must proceed immediately and directly to the collection site for testing. If an employee scheduled for an alcohol test receives a confirmed test result with a breath alcohol level of 0.02 or above and is unaccompanied at the collection site, a supervisor will be called to the site to transport the employee. Refusing to submit to a test will be considered the same as a positive test result and will subject the employee to the same consequences as receiving a positive test result. 5. Return to Duty Testing Employees who have violated Part II of this policy, including those who have tested positive on a drug or alcohol test, and who are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. 91 6. Follow-up Testing An employee who is referred for assistance related to alcohol misuse and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee’s return to duty. 7. Split Sample Testing Employees who test positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result by the Medical Review Officer. Refusal To Take An Alcohol Or Drug Test. No employee shall refuse to submit to an alcohol or drug test as directed under this policy. A refusal to submit shall include, but is not limited to: a. a failure to provide adequate breath for testing without a valid medical explanation; b. failure to provide adequate urine for drug testing without a valid medical explanation; c. engaging in conduct that obstructs the testing process; d. failure to appear for a test; e. failure to remain at the testing site until the testing process is completed; f. failure to permit the monitoring of the provision of a specimen as directed by the collector; g. failure to take a second test as directed by the collector; h. tampering with a urine sample; i. failure to complete all required forms and documents. Refusal to submit to a test shall be considered the same as a positive test result. Securing Information From Previous Employers. If a person is to be hired into a position subject to this part of this policy and during the previous two (2) years has worked as a driver of a commercial vehicle, that person must authorize a request of all employers of the driver within the past two (2) years to release information on the following: a. Positive alcohol or drug tests b. Refusal to be tested The City will make a good faith effort to obtain and review the information from pri or employers within twenty-eight (28) days of the person performing safety sensitive duties for the first time. Applicants are directed to disclose to the City any positive federal drug tests taken for entities other than bona fide employers within the previous two years. 92 If the City obtains information that indicates either a positive test or that a refusal to be tested occurred within the past two (2) years, that person will not be permitted to drive commercial vehicles unless subsequent information indicates that an evaluation by a Substance Abuse Professional (SAP) was made, return to duty testing was administered, and the individual remains in compliance with the return to duty provisions outlined by the original SAP. Confidentiality and Record Retention. All records related to drug and alcohol testing will be maintained in a secure location with controlled access. These records will be kept separate from records pertaining to all other employees. Consequences of Engaging in Prohibited Conduct or Positive Drug or Alcohol Tests. A. Discipline An employee will be subject to appropriate disciplinary action as specified in the Personnel Policies up to and including termination from employment if: 1. the employee tests positive for a drug or drugs; 2. results from an alcohol test indicate a breath alcohol level of 0.04 or greater; and/or, 3. the employee has engaged in prohibited conduct as outlined in the Personnel Policies. All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. B. Positive Test Result and/or Engaging in Prohibited Conduct. The following provisions apply to employees who are not terminated for violating this policy: If an employee tests positive for drugs or has an alcohol test that indicates a breath alcohol level of 0.02 or greater from a random, reasonable suspicion or post-accident test, or engages in prohibited conduct as outlined in the Personnel Policies, the employee will be immediately removed from duties requiring the driving of a commercial vehicle. The employee will not be permitted to return to work unless he/she: 1. has been evaluated by a qualified Substance Abuse Professional; and, 2. if recommended by a Substance Abuse Professional, has properly followed any rehabilitation prescribed; and, 3. has had a post-treatment evaluation by the original SAP; and, 4. has a verified negative result on a return-to-duty alcohol (<0.02) and/or drug test. Upon completion of a recommended rehabilitation program and successful return to work, an employee will be subject to follow-up random testing for up to sixty (60) months as recommended by the Substance Abuse Professional, with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. 93 Employee Assistance Program/Voluntary Referral. The City supports employees who voluntarily seek assistance with alcohol or drug abuse. Employees are encouraged to seek treatment voluntarily and to utilize the Employee Assistance Program described in Part III. Any employee who comes forth and notifies the City of alcohol or drug abuse problems will be given the assistance extended to employees with any other illness . Any such program, however, may not interfere with the tests required by these rules. For example, a driver may not identify himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect to avoid the consequences for a positive test or a refusal to test. In addition, voluntarily seeking assistance does not excuse any failure to comply with all of the provisions of this part of this policy or other policies of the City. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as with other illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage. Confidentiality of information will be maintained as much as possible at all times. PART III: POLICIES APPLICABLE TO ALL EMPLOYEES RESOURCES A. Designated Employer Representative (DER) The Human Resources Manager has been designated by the City to answer questions about the program and program materials and may provide employees with resource materials or referral assistance. B. Employee Assistance Program The City offers an Employee Assistance Program (EAP) designed to assist employees and their families who are experiencing personal or job-related problems. The EAP is available to employees who need assistance in dealing with a substance abuse problem. Employees are encouraged to contact the EAP for assistance in early detection of substance abuse problems and referral for treatment programs. All EAP services are confidential and at no cost to the employee. Employees who would like information on benefits of the Employee Assistance Program should contact the Human Resources Department. C. Testing, Evaluation and Referral Services The City has joined the Association of Washington Cities (AWC) Drug and Alcohol Testing Consortium for the administration of this program. The AWC Consortium has contracted with HealthForce Partners to conduct the random testing services, provide the testing laboratory facilities, arrange the testing collection sites, and provide the Medical Review Officer (MRO) functions. The services of a Substance Abuse Professional (SAP) are also available for employees with positive test results. Drug and Alcohol Testing Collection Sites: CarePlus Medical Center 14330 Aurora Avenue N Shoreline, WA 98133 94 206.365.0220 Swedish/Stevens (after hours testing) PacLab 21601 76th Ave. W. Edmonds, WA 98026 (425) 640-4179 Testing Laboratory, as approved by the US Substance Abuse & Mental Health Services Administration (SAMHSA): LabCorp 1229 Madison Street, Suite 500 Seattle, WA 98104 206.386.2661 Medical Review Officer Paragon MRO Kirby Griffin, MD 9370 SW Greenburg Rd. Ste. 200 Portland, OR 97223 1-877-3225 Substance Abuse Professional Compsych 1.800.570.9315 Compsych will refer caller to a Substance Abuse Professional in the local area. TESTING PROCEDURES A. Pre-Employment Testing Following a conditional offer of employment, prospective employees will be tested for the presence of drugs if being hired into a job requiring a CDL, or as determined by the City. Current employees who are transferring from a position that does not req uire a Commercial Driver’s License to a position that does require one, will be tested for the presence of drugs prior to performing duties that require driving or operating a commercial vehicle. A positive drug test result for an employment candidate wil l result in the City rescinding the conditional offer of employment. The individual will only be eligible to re -apply for a position covered by these procedures after six (6) months. Proof of compliance with USDOT return-to-duty regulations will be required. A positive drug test result for an employee seeking to transfer to a position requiring the driving of a commercial vehicle will result in denial of the transfer and the employee will be subject to discipline as described in the Drug and Alcohol Testing Policy. B. Random Testing 1. After Hours Testing 95 If the need for testing occurs outside of the normal hours of operation of the designated collection site, a supervisor or manager will be responsible for following the procedures established by HealthForce Partners for such occurrences. 2. Dilute Specimens If a test is reported to the City with a result of “Negative Dilute”, the City will require the employee to take another test immediately in the following circumstances: for pre- employment, return to duty, reasonable cause, and follow up. The result of the recollection shall become the official test of record. TESTING COSTS AND COMPENSATION A. Testing Costs 1. The City will pay for the following alcohol and or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post-accident testing d. Pre-employment e. Follow-up testing f. Return to duty testing 2. Employees are responsible for the costs associated with the following tests: a. Split sample re-tests made at the employee’s request Split sample testing will be initiated by the MRO immediately upon the request of the donor without regard to which party will ultimately be responsible for payment. However, the City will pursue reimbursement from the donor if the split test reconfirms the original positive result. 3. Substance Abuse Professional and rehabilitation costs will be the responsibility of the employee. B. Pay Status 1. For Time Spent Testing Employees will be compensated for time spent to report to the testing facility and be tested for the following alcohol and/or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post-accident testing e. Follow-up testing 2. Waiting for Results Employees who have been asked to submit to a reasonable suspicion drug test will be placed on paid leave pending the outcome of the test results. Such employees are eligible to use accrued vacation or sick leave during this time. If the test result is negative, the time will be paid and any sick or vacation leave used will be credited. 96 3. Waiting to Return to Duty An employee who receives a positive drug test or who tests 0.02 or greater on an alcohol test is not allowed to return to work until all of the applicable requirements are met as outlined in the above policies. Such employee may use accrued vacation or sick leave during this absence. TESTING METHODS A. Drug Testing Drug testing requires donors to provide a urine specimen of at least 45 ml to be tested. The specimen will be sent to LabCorp, a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMSHA) to conduct screening and confirmation tests according to the protocols identified in the Department of Transportation Rules. All test results will be reviewed by the Medical Review Officer (MRO). B. Alcohol Testing Alcohol testing will be conducted using an approved evidential breath testing (EBT) device operated by a trained breath alcohol technician (BAT) at the collection site. TRAINING AND EDUCATION The City will provide all affected employees with copies of the Drug and Alcohol Testing Policy and other information as may be required by the federal regulations. Each employee must sign a receipt upon having been provided the above referenced information. Managers and supervisors designated to determine whether reasonable suspicion exists to require an employee to undergo alcohol or drug testing will receive at least sixty (60) minutes of training on alcohol and sixty (60) additional minutes of training on drug abuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. POLICY MODIFICATIONS The City reserves the right to amend this policy as required by changes to Federal law, State law, accepted industry practice, or for minor administrative modifications. Employees will be notified in writing of any changes made that affect them. A current copy of this policy will be kept in the office of the Drug Enforcement Representative and is to be incorporated as Appendix B to the City of Edmonds Personnel Policies. 97 APPENDIX C RECEIPT OF PERSONNEL POLICIES All employees should read the following; then sign, date and return the form to Human Resources Office. The form will be placed in the employee's personnel file. Enclosed are the City of Edmonds Personnel Policies. These policies supersede any prior oral or written statements of the City’s Personnel Policies. It is your responsibility to read these policies, as they will acquaint you with your employee benefits, our personnel practices and rules, and some organizational philosophy. It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although we hope that your employment relationship with us will be long term, we recognize that at times things do not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights are granted to you in employment contracts, civil service rules, or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. Please refer to the on-line version or contact Human Resources for the most up-to-date version. Please also understand that no supervisor, manager or representative of the City other than the Mayor has the authority to make any written or verbal statements or representations which are inconsistent with these policies. The City, as the employer, reserves the right to deduct from an employee’s final paycheck and/or accrued benefits of any amounts advanced to an employee that remains unearned when his or her employment with the City ends. If you have any questions about these policies or any other policies of the City, please feel free to ask your supervisor, department head or the Mayor. Your signature below signifies you have received and understand the information stated above. ______________________________ Employee Signature ______________________________ Employee Printed Name ____________________Date    AM-7527     10.              City Council Meeting Meeting Date:04/14/2015 Time:45 Minutes   Submitted For:Council President Fraley Monillas Submitted By:Jana Spellman Department:City Council Committee: Type: Information Information Subject Title Discussion regarding Code of Ethics Recommendation Previous Council Action 2012 Council Retreat: Council made this subject a priority for 2012 (minutes attached) April 10, 2012 Public Safety and Personal Committee :  This agenda items was discussed (minutes attached). 2013 Council Retreat:  This item was discussed (minutes attached). March 12, 2013 Public Safety and Personnel Committee:  This item was discussed (minutes attached). April 9, 2013 Public Safety and Personnel Committee:  This item was discussed (minutes attached). July 9, 2013 PS/P Committee:  This item was discussed (minutes attached). July 30, 2013 Council Meeting:  This item was put on the August 20, 2013 Council Agenda. See excerpt from July 30, 2013 minutes below: "DISCUSSION REGARDING CODE OF ETHICS This item was moved to the August 20, 2013 Council meeting via action taken under Agenda Item 2." August 20, 2013 Council Meeting: Council President Petso suggested due to the late hour and remaining items on the agenda items that this item be postponed to a future meeting. August 27, 2013 Council Meeting: This item was discussed (minutes attached). September 9, 2014 PS/P Committee:  This item was discussed (minutes attached). December 9, 2014 Council Meeting:  Due to the lateness of the hour, this item was rescheduled for the December 16, 2014 Council Meeting. December 16, 2014 Council Meeting:  See attached minutes.   See attached minutes. January 13, 2015 Council Meeting:  See attached minutes. February 24, 2015 Council Meeting:  Due to the lateness of the hour, the Code of Ethics was put on this agenda for discussion. Narrative Discussion regarding a Code of Ethics has been ongoing since 2013.  A Code of Ethics document has been placed on this agenda for discussion. Attachments Attach 1: 2012 Council Retreat Minutes  Attach 2 April-10-12 Minutes Public Safety, Personnel Committee Attach 3 - Exerpt from 2012 FINAL Edmonds Personnel Policies Attach 4 - Ord 3689 Conflict of Interest Attach 5: Excerpt from 2013 Council Retreat Minutes Attach 6: Minutes 3/12/13 PS/P Committee Attach 7: Minutes 7/9/13 PS/P Committee  Attach 8 - 8/27/13 Council Minutes Attach - 9 - 09-09-14 Public Safety and Personnel Committee _Attach 10 - Dec. 16 2014 Approved Council Minutes Attach 11- 04-09-13 Public Safety and Personnel Committee Attach 12 - Jan 13 2015 APPROVED Council Minutes Attach 13 - Code of Ethics Form Review Inbox Reviewed By Date City Clerk Linda Hynd 04/07/2015 10:44 AM Mayor Dave Earling 04/07/2015 10:53 AM Finalize for Agenda Linda Hynd 04/07/2015 11:01 AM Form Started By: Jana Spellman Started On: 02/26/2015 10:06 AM Final Approval Date: 04/07/2015  Edmonds City Council Retreat Draft Minutes February 2-3, 2011 Page 17 before the Council is first a committee meeting or work session. Issues that have a financial impact will be discussed at a work session rather than just by the Finance Committee. It was the consensus of the Council to change the name of the Community Services/Development Services Committee to the Public Works, Parks and Planning Committees. • Mission Statements Committees will determine whether to develop a mission statement. Councilmembers Buckshnis and Yamamoto will develop a mission statement for the Finance Committee. • Clarify the Public Safety/Human Resources Committee It was the consensus of the Council to change the name of the Public Safety/Human Resources to Committee to the Public Safety and Personnel Committee. • Community Outreach, Tree Board Council President Peterson explained there has been a proposal to restart the Community Outreach Committee. Councilmember Plunkett recalled the Community Outreach Committee was discontinued after 3 years; no new methods of communicating were identified. Mayor Earling commented on the potential for an electronic newsletter. Discussion followed regarding whether to form a code rewrite committee so that the code rewrite is Council and citizen driven, technical expertise required for the code rewrite, having staff make periodic presentations at Council work sessions regarding the rewrite, the proposal by staff to restructure the code, providing opportunity for citizen comment but having professionals assemble the changes, citizen knowledge that could benefit the process, concern with citizens participating for their own benefit or at least that perception, proposal to have user groups test the model, ability for any citizen to identify code conflicts regardless of whether there is a committee structure, and asking staff whether forming a committee in the future could be helpful. The Council agreed to seek feedback from Planning Manager Rob Chave and Building Official Leonard Yarberry regarding forming a code rewrite committee and schedule further discussion on a work session agenda. Council President Peterson suggested enhancing the Council portion of the website with more updates, etc. and working with the Mayor on an electronic newsletter and then consider whether a Community Outreach Committee is needed. It was the consensus of the Council to add a Council liaison to the Tree Board and to make it a paid committee position. • Ethics Council President Peterson recalled there has been discussion about developing a code of ethics for Councilmembers. Councilmembers Fraley-Monillas, Bloom and Petso offered to serve on an ad hoc committee that would review other cities’ codes and present a draft to the Council. • Miscellaneous Mr. Taraday explained a special meeting notice must be issued for Tuesday committee meetings that begin at 6:00 p.m. If the Council wished to continue holding committee meetings at 6:00 p.m., he suggested revising the code to reflect that start time. 1 PUBLIC SAFETY/PERSONNEL COMMITTEE MEETING MINUTES April 10, 2012 Committee members present: Council Member K. Michael Plunkett Council Member Joan Bloom Others present: HR Manager Mary Ann Hardie Citizen Don Hall Council Member Plunkett called the meeting to order at 7:19 pm. DISCUSSION ON CODE OF ETHICS (RELATING TO COUNCIL MEMBERS) Council Member Michael Plunkett opened the discussion by stating it was unclear as to what action/direction should be taken at this point with regard to this as Council had not given any specific direction regarding this topic although one or some council member(s) may have wanted to discuss this further. Council Member Joan Bloom stated that she had reviewed the City of Kirkland’s Code of Ethics and the Mountlake Terrace Code of Ethics and there were some concerns that she had with using a code of ethics similar to theirs. Council Member Bloom further stated that she was not aware that there was a code of ethics for Council Members. HR Manager Mary Ann Hardie affirmed this. Council Member Bloom stated that she would like to build a policy regarding a code of ethics and that this process needs to move forward. Council Member Plunkett stated that he was willing to discuss this topic since it was on the agenda, but that that he may not be interested in moving this forward [for Council consideration]. Ms. Hardie stated that she had discussed this HR Committee subject with Carrie Hite (Parks, Recreation & Cultural Services Director) prior to the meeting and that they both agreed that HR would likely not be the best (nor most appropriate) committee for this forum. Additionally, while HR had provided samples of codes of ethics from other cities it would seem that the City Attorney and/or the City Clerk’s Office [or Council] may be more appropriate for this process. Ms. Hardie also emphasized that HR was willing to continue to provide information as needed to the committee to assist with the process, but that this was not a [specific to] HR function since it did not pertain to employee related policies. There was some discussion that followed by the committee about what the process would be to create a code of ethics policy for Council members, creating a committee for this and whether or not the HR Committee was the appropriate committee for the discussion. Council Member Plunkett emphasized his concern about the subjectivity of some of the other policies from other cities and that [while the City may not have a specific code of ethics for Council Members] there are state laws that Council Members must follow. Council Member Bloom stated that she understood Council Member Plunkett’s concerns but that due to the expressed interest/concern from the citizens about the possible need for this policy, she felt it was important for: 1) The City of Edmonds to have this policy; 2) this information to be available to citizens (as well as being part of transparency of information and citizen participation); and 3) there to be continued work toward the creation of such a policy. Council Member Plunkett stated that he would like to make this information easier for citizens to access. Council Member Bloom stated that since there does not usually appear to be a large agenda for the HR Committee, that the work on this code of ethics policy could be done at this committee and that the Cities of Kirkland, Mountlake Terrace and another city may be reviewed for further policy consideration. Council Member Plunkett agreed that this could be kept on the HR Committee Meeting agenda and that further review of the policy will occur at the next meeting. 2 PUBLIC COMMENT PERIOD Citizen Don Hall stated that he agreed with Council Member Plunkett that some of the code of ethics policies from other cities that he had come across did appear to be too subjective. Citizen Hall further stated that he became more interested in this topic of discussion after it was discovered that Council Members were not considered to be employees of the City and are not held to the same City Personnel Policy standards although [perhaps] they should be. This process will likely require a lot of “hands on” work and will be a difficult process. The meeting adjourned at 7:44 pm 53 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City’s primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on-going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner: All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens’ rights, and showing courtesy to all. Their actions shall be conducted within compliance of the laws and regulations governing the City’s actions, including but not limited to RCW Title 42. City representatives are expected to conduct business in an open manner. They shall not engage in any conduct which wo uld reflect unfavorably upon City government or any of the services it provides. They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City’s business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: 54 (1) prevents the employee from being available for work beyo nd normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. City employees who become aware of improper governmental action shoul d follow this procedure: Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action. 55 Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney. The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is lik ely to recur. Outside agencies to which reports may be directed include: Snohomish County Prosecuting Attorney Washington State Auditor M/S 504 Capital Campus Everett, WA 98201 P.O. Box 40021 (425)388-3333 Olympia, WA 98504 (360)902-0370 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 If the above-listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/agency/agency.aspx. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory 56 Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation : (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of re ceipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. 57 Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 10.5 NO SMOKING POLICY The City maintains a smoke-free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City’s buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it must be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work-related searches of an employee’s work area, workspace, computer and electronic mail on the City’s property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to an d including immediate termination. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise 58 approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA’s while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may desi gnate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license and/or a Commercial Driver’s License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspens ion, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community-based fund raising effort. 59 Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non -work time, such as before or after work or during meal or break periods. Soliciting employees who are on non -work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City’s electronic systems. The employee lunchroom is considered a non-work area under this policy. 10.13 USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City’s credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who se ek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal c ontracting agencies will be notified when appropriate. 60 Testing: Certain employees of the City, including those who must possess CDLs or who have safety sensitive positions, are subject to random d rug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City’s substance abuse policy, and these are incorporated herein by reference as Appendix B. Edmonds City Council Retreat Draft Minutes February 1-2, 2013 Page 21 to watch the January 23 joint meeting with the Planning Board, Economic Development Commission and the consultant. With regard to student volunteers, he recalled his son was a student volunteer on the skate park and worked three years to design and build it. He used that experience in college. If the Council pursues a parks levy, he recommended including a project for students in order to engage them in campaigning for the levy. He agreed with Mr. Hertrich’s suggestion for the Council to appoint a representative to the School District and also suggested Councilmembers attend the Superintendent’s monthly roundtable meetings. 9. ETHICS BOARD AND CODE OF ETHICS Councilmember Bloom explained she wanted the Council to adopt an ethics policy that addresses board/commission, elected officials and staff. There are many policies in Washington could be adapted for Edmonds. The next step is to form an ethics committee; if a citizen has a question about something such as a conflict of interest, they can go to the ethics committee and determine whether something is potentially an ethics violation. She recommended the Council, 1) adopt an ethics policy, and 2) form an ethics committee. She sought Council approval for the Public Safety & Personnel Committee to pursue this. Ms. Hite explained the recently adopted personnel policy has an extensive ethics policy for employees; that is the best place for policies regarding employees. She encouraged the Council to develop an ethics policy for boards/commissions and elected officials but not to include employees. Discussion followed regarding other cities’ ethics policies, past unsuccessful efforts to develop a code of ethics policy, developing a policy with enough examples to provide direction, and the difference between a code of conduct and code of ethics. Summary: Refer development of code of ethics to Public Safety and Personnel Committee. 11. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION No action. 10. MISCELLANEOUS Based on yesterday’s discussion regarding public comment at committee meetings, Council President Petso distributed language for committee meeting notices and asked Councilmember to submit comments/concerns to Ms. Chase. The retreat was adjourned at 11:37 p.m. Public Safety & Personnel Committee March 12, 2013 Page 2 of 3 Action: Take item to full Council for further discussion after draft discussion points and possible ordinance language received from Officer Dawson. C. Discussion and potential action regarding possible amendment of City Code 8.48, Parking, Paragraph 8.48.215 B.2. Joan Ferebee, Court Administrator, explained she attended a Parking Committee Meeting to bring to their attention the difficulty the Municipal Court is experiencing with the section of the City Code that allows citizens who receive a parking ticket to pay a reduced fine if the individual pays the fine by the end of the next business day after the issuance of the parking ticket. Generally, the Court does not have the tickets in their system that quickly. Therefore, the individuals can become very angry and upset when they come to the Municipal Court and are not able to pay. Ms. Ferebee stated that the Parking Committee recommended removing the section of the Code that allows for a reduced fine if it is paid by the end of the next business day. Councilmember Peterson stated that he was in agreement with eliminating the reduced fine. He stated that he would work with the City Attorney to create an ordinance to place on the consent agenda. Councilmember Bloom was in agreement. Action: Councilmember Peterson will work with the City Attorney to create an ordinance eliminating the reduced fine. The Ordinance is to be placed on a future Consent Agenda for approval. D. Student and Senior Volunteers Councilmember Bloom stated she would like to support the Boards and Commissions in obtaining student volunteers. She suggested that a senior volunteer could assist Jana Spellman, Senior Executive Council Assistant, in getting the word out to the various schools. Councilmember Peterson suggested Ms. Spellman could email the school board or a volunteer coordinator in the school system to determine if there are students interested in volunteering. Councilmember Bloom suggested a senior volunteer could work with Jana to develop a framework for contacting all of the schools with the appropriate person to contact and to advertise. Councilmember Peterson cautioned that managing a volunteer can take more time. He suggested talking with the Council President as she is in charge of Ms. Spellman’s schedule. Councilmember Bloom also recalled that at the Council Retreat, Councilmember Johnson suggested an event be held to recognize city volunteers. Councilmember Bloom stated she will discuss with the Mayor the idea of scheduling a yearly event. E. Ethics Board and Code of Ethics Councilmember Bloom suggested narrowing down the list of sample policies from other cities for the City Attorney to work with in developing the policy for Edmonds. She suggested using the policies from the cities of Bainbridge Island, Lynnwood and Monroe. Public Safety & Personnel Committee March 12, 2013 Page 3 of 3 Councilmember Bloom stated that she would like the policy to include appointed officials (directors) in addition to elected officials and members of boards and commissions. Councilmember Peterson stated that he did not think the policy needed to address appointed officials (directors) as they answer to the Mayor. The Committee concluded that a further discussion on a Code of Ethics policy would be scheduled for the April Committee Meeting to determine which policy will be sent to the City Attorney. F. Discussion regarding taking minutes during Council Committee Meetings. Councilmember Peterson stated that if detailed/complete minutes are desired it would be necessary to pay someone to attend the meetings for this purpose. If action minutes are prepared (which is the way it has generally always been done), then he did not think councilmembers should take the minutes as it is difficult to participate in the discussion and take minutes. Councilmember Bloom agreed that councilmembers should not take minutes. After discussion, Councilmembers Bloom and Peterson agreed on the following recommendation: • Action minutes for committee meetings, prepared by staff members in attendance. • If a controversial item is scheduled, arrangements for more detailed minutes will be made. • Summary comments made by citizens should be included. Committee members will summarize citizen comments if no staff is available. • Work with Council President related to agenda items to make sure a staff member is available for each item discussed at the committee meeting. • Committee minutes are to be forwarded to committee chairs for review (as time allows). G. Public Comments There were no public comments. The committee meeting adjourned at 8:17 p.m. Public Safety & Personnel Committee July 9, 2013 Page 5 of 5 Councilmember Peterson suggested dropping reference to 2.10.050 in this section of the code. Councilmember Bloom next pointed out that 2.10.050 refers to both finance director and community services director, however the title of the section does not reflect this. Further, Councilmember Bloom believes the positions of Executive Assistant to the Council and the Mayor’s Executive Assistant should not be part of this chapter as they are not City Officers. Committee members agreed to request the City Attorney to determine if these positions should be in a different section of the code. D. Discussion regarding Code of Ethics. Committee members discussed ethics policies from Bainbridge Island, Lynnwood and Kirkland. Councilmember Bloom referred to the policy from Bainbridge Island and would like to include the requirement for members to “disclose a conflict of interest” as a standing requirement at all city meetings for all officials. Councilmember Peterson commented that he believes the Council does a good job at this disclosure; however, having it on each agenda is a good reminder. Further discussion occurred related to policies, including the possible consideration of a Code of Ethics Officer. After discussion the committee agreed to forward to the next work session of the City Council the Bellevue and Kirkland ethics policies and the Kirkland Code of Conduct for discussion. The committee also recommended including the statement from Bainbridge Island related to disclosure of conflict of interest for all officials. After full Council discussion, direction can then be given to the City Attorney on how to proceed. Ms. Hite indicated she would bring back information on a Code of Ethics Officer. The meeting adjourned at 8:07 p.m. Edmonds City Council Draft Minutes August 27, 2013 Page 12 Councilmember Johnson said longevity compensation makes sense for employees who are at the top of their scale and have no opportunity for further advancement. She expressed interest in further information about the fiscal impact of longevity compensation retroactive to 2013 as well as the fiscal impact for outlying years. Councilmember Fraley-Monillas commented the pay scale for nonrepresented employees is a separate issue and should be addressed separately rather than piecemealed via longevity pay. She noted longevity pay would not motivate employees to seek promotion or to remain in the City’s employment. Longevity pay is part of a compensation package that was negotiated with the other groups. She preferred to consider longevity pay for nonrepresented employees as part of a compensation package. Ms. Hite pointed out longevity compensation was part of a package for nonrepresented employees that the compensation consultant presented to the Council. The Council asked to have it pulled out for continued discussion. Councilmember Peterson agreed the Council was provided a compensation package for nonrepresented that was similar to represented employees. It was the Council’s decision to separate out some items. He suggested the next agenda memo include the complete compensation package that was presented by the compensation consultant. Ms. Hite summarized the information the Council was requesting in addition to the original compensation package includes, 1) the fiscal impact for retroactivity in 2013, 2) fiscal impact for outlying years, 3) a flat rate approach and the fiscal impact. Due to the absence of 3 Councilmembers from the September 17 and 24 meetings, Mayor Earling suggested information be provided at next week’s meeting or a full Council meeting be held on September 10. Council President Petso suggested either staff return with the information soon or it be addressed as a decision package in the 2014 budget. 11. DISCUSSION REGARDING CODE OF ETHICS Parks & Recreation/Reporting Human Resources Director Carrie Hite explained the Personnel Committee has been comparing and contrasting Codes of Ethics for cities throughout the Puget Sound region. Two documents the committee has been considering include Kirkland and Bellevue’s Code of Ethics. The committee has also discussed Bainbridge Island’s code. Kirkland adopted a Code of Conduct in addition to a Code of Ethics. She explained a Code of Conduct describes professional responsibilities; a Code of Ethics describes legal responsibilities. A Code of Ethics would apply to the Council, boards and commissions; staff is guided by a Code of Conduct in the City’s personnel policies. The Personnel Committee has also expressed interest in identifying an Ethics Officer. Some of the comparable models reviewed by the Personnel Committee identify an Ethics Officer outside the organization in order to have an objective, non-vested perspective in researching a Code of Ethics issues. For example Kirkland and Bellevue contract with an Ethics Officer on an as needed basis who is only paid when a Code of Ethics issue needs to be investigated. Neither Kirkland nor Bellevue had incurred any expenses for outside review of a Code of Ethics violation. Councilmember Bloom noted the attachments are in the August 20, 2013 packet. She clarified in addition to Councilmembers, boards and commissions, the Code of Ethics would cover all elected officials including the Mayor. Kirkland and Bellevue’s Codes of Ethics do not include a Mayor because they have a City Manager form of government. Councilmember Bloom expressed concern with including the requirement in 3.14.040 of Kirkland’s policy related to financial disclosure for all officials. Officials are defined as all members of boards and commissions. Kirkland’s policy excludes the Mayor and Council because elected officials must present Edmonds City Council Draft Minutes August 27, 2013 Page 13 all financial information on a yearly basis. She did not support requiring all members of boards and commissions to disclose their financial information and suggested that be excluded that from Edmonds’ Code of Ethics; Bellevue’s Code of Ethics does not have that requirement. She also suggested consideration be given to the complaint process and who handles complaints. For example Kirkland involves the Hearing Examiner and the City Council in the event of a complaint regarding a Councilmember. Councilmember Peterson agreed with Councilmember Bloom’s concern about requiring members of boards and commissions to disclose financial information. He agreed with the Council considering a Code of Ethics in a proactive approach rather than a reactive approach. He supported the City having a Code of Ethics for elected officials and boards and commissions, anticipating a Code of Ethics would make the Council’s work easier if an ethical issue arose. As Councilmember Buckshnis indicated, a Code of Ethics can be subjective, but responding to an ethical complaint would be even more subjective without a Code of Ethics. Councilmember Fraley-Monillas advised Snohomish County adopted a Code of Conduct for all boards and commissions and every commission and board member must acknowledge they have read and understand the Code of Conduct. She encouraged Councilmembers to review Snohomish County’s Code of Conduct for elected and appointed officials. Councilmember Bloom asked whether Snohomish County’s Code of Conduct was similar to Kirkland’s. Councilmember Fraley-Monillas responded Snohomish County may be more thorough and straightforward. Council President Petso said she was pleased to see Kirkland’s Code of Conduct in the packet and was interested in pursuing a Code of Conduct. She was concerned about the Code of Ethics and Ethics Officer and complaint enforcement. She feared a person who did not agree with an official’s position on an issue could file an ethics complaint. She indicated she was unlikely to support a Code of Ethics that included a complaint process, an Ethics Officer and enforcement. She found Bellevue’s Code of Ethics less objectionable; the statement of intent is to not to limit people who could serve on boards and commissions and elected officials. She agreed the financial disclosure in Kirkland’s Code of Ethics would likely deter citizens from volunteering for a board or commission. Council President Petso noted there are other aspects, particularly in Kirkland’s Code of Ethics that would deter citizens from volunteering to serve on a board or commission. There are events that do not constitute an ethics issue but might under a poorly drafted policy. For example when she was appointed to Council, a relative was serving on the Sister City Commission; that did not create an issue for her or him. It would have been unfortunate if the Code of Ethics forced one of them to resign their position. One of Kirkland’s policies indicated it would be a conflict if a person serving on a board of commission lived in your household. In the example she provided, the person did live in her household for a period of time but it had no impact on his ability to serve on the Sister City Commission. Council President Petso relayed the City Attorney wanted the Council to discuss whether they were interested in developing a Code of Ethics for Edmonds because it will take him a great deal of time to develop it. Less legal time would be involved in drafting a Code of Conduct. Councilmember Buckshnis preferred the Bainbridge Island Code of Ethics. She agreed with not requiring boards and commissions to disclose financial information, commenting Councilmembers file with the Public Disclosure Commission. She liked the Code of Conduct although she feared it could be subjective. She recalled recent emotionally charged conversations with a fellow Councilmember that could have been interpreted as an argument. She preferred to start with a Code of Conduct using Snohomish County as an example. Edmonds City Council Draft Minutes August 27, 2013 Page 14 Councilmember Bloom also liked Bainbridge Island’s Code of Ethics policy the best. She recalled Councilmember Peterson’s concern with Bainbridge Island’s creation of an Ethics Board and the need for staff support for such a board. She supported adopting a Code of Ethics for the Council, boards and commissions. She explained an ethics violation was not related to conduct but rather conflicts of interest. She asked the City Attorney to describe an ethics violation. City Attorney Sharon Cates answered Code of Ethics are related to conflict of interest issues, not interpersonal interaction. Councilmember Bloom commented Bainbridge Island’s policy allows citizens to ask questions about potential ethics violations and the Ethics Board decides whether to pursue a complaint. Bainbridge Island’s policy also has consequences for bringing a frivolous or unsubstantiated complaint. She asked if that was typical of ethics policies. Ms. Cates answered a solid ethics code includes a process for determining whether a complaint is an ethics violation. Councilmember Bloom noted an ethics complaint is required to be notarized and to include information about the violation. Councilmember Buckshnis expressed support for the Personnel Committee working on a Code of Conduct similar to Kirkland’s. Councilmember Yamamoto agreed with the Committee continuing to consider a Code of Conduct and a Code of Ethics. He encouraged Councilmembers to submit suggestions/comments/concerns to the committee. Councilmember Fraley-Monillas suggested scheduling further discussion on either the September 17 or 24 Council meetings. Council President Petso agreed it could be scheduled with the understanding it would be discussion only due to the absence of three Councilmembers. Councilmember Peterson suggested Councilmembers review Bainbridge Island’s ethics policy on their website. He agreed there were good ideas in the policy; he was opposed to creating an Ethics Board. Councilmember Bloom agreed with first establishing a Code of Conduct but did not want to abandon the idea of a Code of Ethics. The Personnel Committee has discussed it at length and the community would like the City to have an ethics policy. Councilmember Buckshnis agreed with Councilmember Peterson’s concern with creating an Ethics Board. She preferred to use a professional Ethics Officer. 14. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Johnson reported on her participation on the review of arts and cultural aspects of the Parks, Recreation and Open Space Plan. She described efforts to gather input from the public including a survey at the recent concert in the park. There is also an online survey available. Councilmember Bloom reported the Tree Board discussed definitions in the Tree Code including hazardous trees, nuisance trees and trees. Councilmember Bloom reported the Council interviewed a new member for the Lodging Tax Advisory Committee tonight. Councilmember Bloom reported on her first meeting as the Council liaison to the Port of Edmonds liaison. The Commission discussed budget issues and promotional efforts. The Commission was also provided a project update including expansion of Anthony’s Beach Café as well as the roof on Harbor Square building 2 which is $30,000 under budget and will last 20-30 years. Minutes PUBLIC SAFETY & PERSONNEL COMMITTEE MEETING September 9, 2014 Elected Officials Present Staff Present Councilmember Adrienne Fraley-Monillas Councilmember Strom Peterson The meeting was called to order at 7:29 p.m. A. Discussion Regarding Code of Ethics Councilmember Fraley-Monillas explained the proposed code of ethics was a simplified version and was intended to cover staff, elected officials, volunteers, etc. She reviewed the bulleted items in the proposed code and suggested that enforcement be a separate policy. Committee members discussed minor amendments to the wording of the code of ethics. Action: Councilmember Fraley-Monillas will edit the code and email to Councilmember Peterson. Schedule for full Council in the future. B. Public Comment – None The meeting was adjourned at 7:36 p.m. Edmonds City Council Approved Minutes December 16, 2014 Page 25 Councilmember Peterson relayed the ECA/EPFD has been looking for different funding sources. The roof is a key element of the structure. If the roof fails the City will still own the building in the future. It seems logical to add that capital project to the City’s capital budget request. COUNCILMEMBER MESAROS CALLED FOR THE QUESTION, SECONDED BY COUNCIL PRESIDENT BUCKSHNIS. CALL FOR THE QUESTION FAILED (4-3) FOR LACK OF A SUPER MAJORITY; COUNCILMEMBERS BLOOM, PETSO AND FRALEY-MONILLAS VOTING NO. Councilmember Fraley-Monillas preferred to delay a vote until her questions were answered. She was concerned about the Frances Anderson Center versus the ECA. Mayor Earling relayed his conversation with staff; the Frances Anderson Center needs attention but Mr. Stevens indicated it can last a while longer whereas the failure of the ECA roof is affecting rentals. Mr. Williams felt the Frances Anderson Center roof could be delayed a year. Councilmember Fraley-Monillas preferred speak to Mr. Stevens and determine how he prioritized projects and why funding for the Frances Anderson Center roof was moved from 2015 to 2016. Councilmember Petso relayed the ECA/EPFD has undertaken a small project to stop the leaks for now but she did not know the longevity of that project. MAIN MOTION CARRIED (4-2-1), COUNCILMEMBERS BLOOM AND FRALEY-MONILLAS VOTING NO AND COUNCILMEMBER PETSO ABSTAINING. 13. DISCUSSION REGARDING CODE OF ETHICS Mayor Earling advised this item will be rescheduled to a January meeting. 14. MAYOR'S COMMENTS Mayor Earling announced all the Giving Tree requests at City Hall and Frances Anderson Center have been picked up. He announced Kernen Lien was selected as Employee of the Year. He wished the Community and the Council Happy Holidays. 15. COUNCIL COMMENTS Student Representative Eslami wished everyone Happy Holidays and a Happy New Year. Councilmember Mesaros reported on his December 4 tour of the Police Department. He thanked Officer Barker for the visit to the Prism Range and Officer Sutton for the ridealong. He attended the Seashore Forum on December 5 and was the only non-King County person at the Climate and Clean Energy Meeting on Mercer Island on December 9. The meeting was very informative and included discussion regarding climate issues that will be before the legislature this session. On December 11 he attended the SnoCom Board meeting; the New World system will be launched soon. Councilmember Mesaros announced his reappointment of John Rubenkonig to the Economic Development Commission (EDC). Councilmember Peterson wished everyone a Happy Holiday and looked forward to the New Year. Councilmember Bloom announced her reappointment of Douglas Swartz to the EDC and her appointment of Jenny Antilla to the EDC. Attachment 10 Public Safety & Personnel Committee April 9, 2013 Page 2 of 4 Chief Compaan talked about the limitations about citing and with court appearances. He prefers voluntary compliance and an education program. This seems to be difficult to enforce with compliance. Councilmember Bloom asked PR Director Hite for clarification about the recreational immunity law. PR Director Hite clarified the issue with requiring helmets at the skateboard park, and/or in parks, and if the city can't enforce it, it could impact our ability to satisfy the recreational immunity law if someone gets injured. Councilmember Peterson asked if Cascade Bicycle Club and Edmonds Bicycle Club supports this. He stated that he could support this, but really would emphasize public education. Fire Marshal Westfall commented regarding the public education aspects of sports and bicycle usage. Fire District #1 has conducted Edmonds community bike rodeos at fire station open houses in the past. All fire stations have available, during daytime hours, bicycle and multi-sport helmets that can be fitted to children. The helmets are offered with a suggested donation that can be mailed to our headquarters later. The helmet fitting is also a great opportunity to discuss safety items with the kids and their parents. Additionally, FD#1 is a member of the Safe Kids Coalition of Snohomish County, part of a worldwide kids' safety network. McDonalds Corporation provided "citations" for uniformed fire and police to encourage safe riding when kids are found wearing helmets. These citations are valid for exchange of a happy meal at local McDonalds. Councilmember Bloom would also agree to a bicycle helmet ordinance. Next steps: Committee requests the City Attorney to work on an ordinance and research. Chief Compaan stated he will contact the City attorney and work with him on this. D. Resolution regarding Robert’s Rules. A presentation to Council on Robert's Rules of Order is on the extended agenda for the April 16 council meeting. Council President Petso will be asked to put the draft resolution adopting Roberts Rules of Order on the agenda for discussion and vote at a council meeting following this (April 23 or later). E. Code of Ethics The Bainbridge Island Code of Ethics will be used as the framework for our policy. Councilmember Peterson will email passages from other code of ethics that he thinks should be considered for inclusion. The City Attorney will be asked to draft a policy for Council review. Council will also discuss forming an Ethics Board. F. Public Comments Citizen Don Hall stated that when a complaint was filed by an attorney, it was revealed that there is no code of ethics for officials of the City of Edmonds. He was supportive of moving forward with putting a code of ethics in place, noting that it has been in the works for over a year. He is also of the opinion that once we have a code of ethics, we should Public Safety & Personnel Committee April 9, 2013 Page 3 of 4 go ahead with forming an Ethics Board as well, because it means nothing if there is no means of enforcement. Citizen Ken Reidy commented that the helmet law for the skateboard park of the city of Milton was repealed in response to legal advice. He questioned whether or not renewal of the Development Services Director position can go on the consent agenda due to necessity of Council approval of the appointment. Following is the text of the remainder of Mr. Reidy’s three minute comments: “I am here to express my strong support for the adoption of a comprehensive Code of Ethics and eventually an Ethics Board. In my opinion, the City Councils’ greatest priorities should be the prompt completion of the Code Rewrite, the adoption of a Code of Ethics and the establishment of an Ethics Board. During his recent State of the City Address, Mayor Earling lamented that in Edmonds, we simply do not trust each other. The City’s need to rebuild trust is critical and it requires strong action. The City can’t just simply ask for more trust – the City needs to take bold action to earn more trust. Prioritizing the Code rewrite and Ethics must be at the foundation of the City’s efforts to regain trust. Citizens should not receive emails like I have in the past stating that “By the way, Snyder mentioned they think you have been hit hard in the market and may choose not to proceed for financial reasons.” Why would the City even consider my financial situation in any City decision making process, including whether or not to employ the tool of government known as Code Enforcement? A strong commitment to Ethics is absolutely critical at the City. When Ethics don’t govern conduct, innocent citizens can be greatly harmed. In March of 2009, during an alley vacation, the City retained an easement on my property for the sole benefit of a private developer. For years, I have searched online all over the country to try and find a similar easement. I have never found one like the one retained on my property. The City Council retained the Easement in March of 2009 after Snyder told them the City was trying to balance my interests with the developer’s interests. The City Council was told right before their vote that one goal of the City was to save my shed. The City Council was not advised as to the related State (RCW 35.79.030) and City laws. The City didn’t try to balance my interests or save my shed. They immediately Code Enforced against my shed. I was able to get the City to admit that the developer's planned retaining wall ended well before my shed, but the City wouldn’t drop its Code Enforcement. Every time I convinced the City their Code Enforcement efforts were improper, they simply replaced it with a new, refined Code Enforcement order. Look at the multiple Code Enforcements I was subject to (Show multiple orders) related to the same shed. On July 17, 2009, a "Framework for Resolution" was discussed between Snyder and the local developer's attorney in which the developer offered to drop the legal action if Reidys' shed and trees were removed by the Deadline Date of August 6, 2009. I had no knowledge at that time of these private "Framework for Resolution" discussions. Public Safety & Personnel Committee April 9, 2013 Page 4 of 4 There were no Executive Sessions during the time period but the City actually took steps to get my shed and trees removed by the Deadline Date of August 6, 2009!! I am a great example of why an Ethics Board is needed. Please adopt a comprehensive Code of Ethics and an Ethics Board.” The meeting was adjourned at 7:05 PM. Edmonds City Council Approved Minutes January 13, 2015 Page 16 voting block; she voted for the candidate she felt was best and she made a very reasoned choice. She preferred Councilmember Mesaros’ suggestion but starting with a large number of applicants. Councilmember Petso said the process Councilmember Mesaros described is exactly what she is trying to avoid as it reminded her of the City Attorney process where a compromise choice was eliminated with only two candidates. She encouraged the Council not to do that, finding it very manipulative. Councilmember Bloom suggested the Council may want to go into executive session more frequently to discuss the candidates if there are deadlocks. Council President Fraley-Monillas summarized: •Consensus reached to make a decision on February 3 regarding whether all candidates will be interviewed •Consensus reached regarding the 40 minute interview length and informing applicants about the length of time •No consensus reached regarding the voting process (discuss at future Council meeting) 13. DISCUSSION REGARDING CODE OF ETHICS Councilmember Bloom said the code of ethics proposed by Council President Fraley-Monillas and Councilmember Peterson was essentially the major bullet points in Shoreline’s Code of Ethics but not the sub-points. Her research found a lot of confusion between what ethics are and what conduct is. Ethics is a field of study and many professions are required to take code of ethics classes to maintain their licenses. Not including the sub-points expects the public to know what is meant by the bullet points. Shoreline’s policy is succinct and gives examples under each bullet. She did not want to eliminate the specific examples, finding that watered the code down to where it was not understandable. A citizen reading the code needs those details to determine whether someone has committed a breach of ethics. Councilmember Bloom referred to Shoreline’s policy, specifically seek no favor; believe that personal benefit or profit secured by confidential information or by misuse of public time is dishonest. She asked Mr. Taraday to explain the last bullet point regarding reference checking: reference checking and responding to agency requests are a normal function of municipal business and is not prohibited if it does not adversely affect the operation of the City. Mr. Taraday suggested asking Shoreline. Councilmember Bloom summarized that was the only thing in Shoreline’s policy that may need to be removed. Council President Fraley-Monillas read from the proposed code of ethics, The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conducted of elected and appointed officials and employees. She pointed out appointed officials and employees are covered under the code of ethics that exists for staff including department directors. The proposed code of ethics addresses only Councilmembers. Councilmember Bloom said all other codes of ethics include elected and appointed officials which would include all the directors who are nominated by the Mayor and approved by Council. Council President Fraley-Monillas reiterated there is a separate code of ethics for staff. Councilmember Bloom asked to see staff’s code of ethics. Mr. Taraday explained all employees are subject to the personnel policies which include obligations that could be considered ethical obligations. To the extent Council feels there is a gap in the obligations already placed on employees in the personnel policies, he recommended fixing that gap by supplementing the personnel policies so that anything that applies to an employee is contained in the personnel policies. He cautioned against having 2-3 different documents that outline staff’s obligations. Attachment 12 Edmonds City Council Approved Minutes January 13, 2015 Page 17 Councilmember Bloom said she was not talking about all the employees; she was talking about appointed officials or officers, the directors who make decisions related to the code. Every ethical policy she has reviewed includes the officers. Mr. Taraday commented it is difficult to discuss in the abstract without knowing exactly what ethical obligation she was interested in imposing on a particular officer; it may already be in the personnel policies. Councilmember Bloom said what she has seen does not include what is in the code of ethics. She asked that the ethics policy in the personnel policy to be presented to the Council. Council President Fraley-Monillas referred to Attachment 3, Employee Responsibilities and Code of Ethics. She read from Attachment 3, • All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens’ rights, and showing courtesy to all. • Their actions shall be conducted within compliance of the laws and regulations governing the City’s actions, including but not limited to RCW Title 42. • City representatives are expected to conduct business in an open manner • They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. • They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City’s business Council President Fraley-Monillas said Attachment 3 also includes a section on outside employment and conflicts of interest and how to report improper government action. She was uncertain what else needed to be addressed in a code of ethics. The department directors are City staff and should adhere to the employee responsibilities and code of ethics in the personnel policies, not the proposed code of ethics. Councilmember Petso shared her concern with the code of ethics concept: there are questions regarding who it applies to, whether it only applies to Councilmembers, where it applies to appointed officers which she was told also includes members of boards and commissions. She referred to one of the vouchers the Council approved where the payee is a member of a board or commission and the service purchased from that person was related to the commission on which that person serves. She questioned whether that was somewhere the City wanted to go and what was the motivation. She discovered for each ethical conflict there are a variety of responses including, 1) do nothing and approve the voucher, or 2) investigate. She summarized possibly complying with the law is good enough. Councilmember Buckshnis recalled two instances of commissioners acting inappropriately in the last two years. She preferred the code of ethics not apply to staff as there are already personnel policies in place. She suggested starting small and expanding as necessary. Some people believe a code of ethics is very important; she believed in treating others like you want to be treated, be professional, be an adult, make decisions and move forward. She suggested minor changes could be made to the proposed code of ethics. Council President Fraley-Monillas commented ethics mean different things to different people which is why the code was shortened and bulleted. She and Councilmember Peterson began with Shoreline’s language but eliminated portions because it can be so subjective. Councilmember Mesaros suggested the Council consider the code of ethics presented by Council President Fraley-Monillas, correcting the opening paragraph to remove employees. He felt the code of ethics should apply to boards and commissions and elected officials. He liked the brevity, simplicity and clarity of the proposed code. Mayor Earling advised the directors are employees of the City and he would reject any other interpretation. If the Council included boards and commissions, he suggested the Council consider how they would present it to each board and commission to ensure they understood their responsibilities. Edmonds City Council Approved Minutes January 13, 2015 Page 18 If this comes back to the Council again, Councilmember Johnson requested including the code of conduct that was adopted at the end of 2013. For Councilmember Petso, Council President Fraley-Monillas advised the proposed code of ethics is contained in Attachment 10. Councilmember Bloom did not agree with including the code of conduct, relaying it is different than a code of ethic and the City needs to have both. A code of ethics addresses conflict of interest; a code of conduct addresses contact and how people treat each other. She disagreed with watering down the code of ethics as people do not understand what ethics are. The bullet points in Shoreline’s code offer clarity and help people understand. She recommended having an ethic officer which could be a contract position. Councilmember Buckshnis was strongly opposed to an ethics commission because she feared it would turn into a political issue. She suggested starting small and expanding as necessary. She did not support including staff as they are already covered by the personnel policies. Council President Fraley-Monillas suggested moving this to another study session. She agreed the code of conduct was far different than a code of ethics. 14. CONTINUED DISCUSSIONS ON THE STUDY SESSIONS Due to the late hour, this item was postponed to a future meeting. 15. MAYOR'S COMMENTS Mayor Earling reminded of the Snohomish County Cities meeting this Thursday. The meeting will include Congresswoman DelBene and election of AWC and other positions. To Councilmember Buckshnis, Mayor Earling said Go Seahawks. 16. COUNCIL COMMENTS Councilmember Buckshnis said Go Pack Go. She will be not be in town for Sunday’s game but will be watching game with her husband. She thanked everyone who called her; she received numerous compliments about the last year and about various Councilmembers. She looked forward to this being a wonderful year. Councilmember Johnson also said Go Hawks. Councilmember Petso said Go Hawks. She relayed the Historic Preservation Commission is reviewing a certificate of appropriateness for work to the exterior and grounds of the museum property. She will make information available at the Council office. Councilmember Bloom concurred it will be good year. Councilmember Mesaros said he will be in Phoenix on February 1 and offered to be the City’s official representative at the Super Bowl. Council President Fraley-Monillas said Seahawks. CODE OF ETHICS The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conduct of elected officials and appointed citizen volunteers serving in an official capacity (i.e. Boards and Commissions). . We shall: • Be dedicated to the concepts of effective and democratic government. • Affirm the dignity and worth of the services rendered by government and maintain a sense of social responsibility. • Be dedicated to the highest ideals of honor and integrity in all public and personal relationships. • Recognize that the chief function of local government at all times is to serve the best interest of all the people. • Keep the community informed on municipal affairs encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to public and each other; seek to improve the quality of public service, and confidence of citizens. • Seek no favor; do not personally benefit or profit by confidential information or by misuse of public resources. • Conduct business of the city in a manner which is not only fair in fact, but also in appearance. • Follow Washington statutes, city ordinances or regulations in the course of performing duties. Attachment 13 C:\Users\SPELLMAN\Documents\WORDATA\2015 UPCOMING AGENDA MEMOS\1-13-15 Code of Ethics - AFM-Peterson\Code of Ethics UPDATED 2-25-15.docx    AM-7623     11.              City Council Meeting Meeting Date:04/14/2015 Time:30 Minutes   Submitted By:Carrie Hite Department:Parks and Recreation Type: Action  Information Subject Title Diversity Task Force Recommendation Recommendation Council receive the Diversity Task Force recommendation establishing ECC 10.65, forming the Edmonds Diversity Commission. Council forward to the consent agenda for adoption. Council consider the recommendation for staff support and a small budget for the commission and forward for approval on the consent agenda. Previous Council Action On August 2, 2011, Council discussed the formation of a Diversity Commission and adoption of a resolution of intent to form a Diversity Commission. The Council forwarded this to the Community Services/Development Services Council committee for further discussion. On September 13, 2011, the CS/DS committee discussed this, but did not form a recommendation. On December 2, 2014, the Council again discussed the formation of a Diversity Commission. The Council charged Councilmembers Buckshnis, Petso, and Peterson with inviting interested citizens to form a task force for the purpose of bringing forth a recommendation to Council on the formation of a Diversity Commission. On February 24th, Council discussed this recommendation in a study session and requested a few changes to the ECC 10.65.   Narrative Over the past several years, City Council has had various discussions about the formation of a Diversity Commission for Edmonds. In December, Council charged three Councilmembers to work with staff to form a task force with the intent on bringing a recommendation back to the City Council.  The Councilmembers met with staff Carrie Hite and discussed the compilation of the task force. There were several citizens that had already reached out and expressed interest. There were also a few members in the community that came up in conversations, and some targeted recruitment ensued. The Councilmembers agreed on the following list of members: Mario Brown, Tung Bui, Venue Deming, Emily Hill, Jeanne Park, Gayle Ketzel, and Diane Talmadge.  The Task Force met on January 9th and 30th. Attached are the agenda’s and minutes for each of these meetings. These meetings were also noticed on the City’s website.  Mario Brown, Venus Gomez Deming, and Gayle Ketzel presented the final recommendation to the City Council. The Task Force is recommended the formation of a Diversity Commission. After thorough discussion, the Council recommended some changes.   Here is a summary of the changes to the ECC that was originally presented by the Task Force: 1. Clarify in section 10.65.030 that the City is responsible for giving notice of such meetings to be in compliance with the OPMA. 2. Limit the commission to only those who reside in Edmonds. 3. Add the potential for a Council liaison to the commission. 4. Add a student representative. 5. Request that the commission present an annual report to the City Council. Attached is a redline version of the originally proposed ECC 10.65.  Also attached is the final Ordinance and new ECC 10.65 for Council’s consideration. In addition to the Task Force recommendation, staff Hite met with Councilmembers Buckshnis and Petso to discuss staff support and budget for this commission. In order for this commission to be successful, it is recommended that the Council consider providing a budget of $10,000 to hire a contract staff to support the commission, and provide a small budget for any kind of events and/or celebrations the Commission would like to implement.  Attachments Diversity Commission Ordinance Attachment A ECC 10.65 ECC 10.65 redline January 9 agenda and minutes January 30 agenda and minutes Form Review Inbox Reviewed By Date City Clerk Linda Hynd 04/08/2015 09:01 AM Mayor Dave Earling 04/08/2015 09:57 AM Finalize for Agenda Linda Hynd 04/08/2015 11:17 AM Form Started By: Carrie Hite Started On: 04/07/2015 05:52 PM Final Approval Date: 04/08/2015  ORDINANCE NO.XXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.65 CREATING A DIVERSITY COMMISSION ___________________________________________________________________ WHEREAS, the City of Edmonds is committed to ensuring the rights of all citizens; and WHEREAS, the City of Edmonds honors the Civil Rights Act of 1964 confirming the values of freedom and justice in our City; and WHEREAS, the City of Edmonds recognizes other legal protections have since been granted to certain groups who have been subjected to discrimination; and WHEREAS, these legal protections must continue to recognize and ultimately prevent the discrimination that still exists; and WHEREAS, the City of Edmonds adopted Resolution 1202 on July 7, 2009, supporting the creation of the Human Rights Commission in Snohomish County; and WHEREAS, the local community can better identify resources that may be missed or not utilized by the State or County to address local concerns and issues; and WHEREAS, on December 2, 2014, the Edmonds City Council gave direction to three Councilmembers to work with a Diversity Task Force to bring forth recommendations to the full Council about forming a Diversity Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Title 10, is hereby amended by the adoption of a new chapter 10.65 Edmonds Diversity Commission to read as set forth in Exhibit A, which is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2015, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.65 CREATING A DIVERSITY COMMISSION The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2015. CITY CLERK, SCOTT PASSEY 4840-7251-8158, v. 1 Attachment A Chapter 10.65 Edmonds Diversity Commission Sections: 10.65.010: Establishment and purpose of the Commission 10.65.020: Appointment, membership and terms of appointment 10.65.030: Officers of Commission – Meetings-Quorum 10.65.040: Powers and Duties 10.65.010: Establishment and purpose of the Commission A. There is hereby created an Edmonds Diversity Commission consisting of 9 members. B. The mission of the Edmonds Diversity Commission is to promote and embrace diversity through action, education, and guidance. The Commission seeks to foster an understanding that includes, accepts, respects and appreciates each individual member of our community. 10.65.020: Appointment, membership and terms of appointment A. The Edmonds Diversity Commission will seek to attract members that are interested in diversity issues, can respect different viewpoints, are action oriented, and have personal experience that will provide empathy and community understanding regarding issues of diversity and will contribute to a diverse commission. The Mayor, City Council and Commission will consider the EEOC goals in selecting the initial slate of commission members. Members of the commission must be residents of the city of Edmonds. B. The first slate of commissioners seated will be selected by the Mayor and City Council. The Mayor will appoint two members, and each of the seven Council members will appoint one member to the commission. Subsequent appointments will be made by the seated Commission and will be subject to Council confirmation. C. Terms of the commission members will be three years, except as set forth below. There will be no term limits. D. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position will be deemed vacant, and a subsequent appointment will be made by a vote of the seated commission, subject to Council confirmation. E. In order to ensure the fewest terms will expire in any one year, the initial terms of the appointed positions will be staggered in the following manner: Position #1: Expires after one year: Appointed by the Mayor Position #2: Expires after one year: Appointed by Council seat #1 Attachment A Position #3: Expires after one year; Appointed by Council seat #2 Position #4: Expires after two years: Appointed by Council seat #3 Position #5: Expires after two years: Appointed by Council seat #4 Position #6: Expires after two years: Appointed by Council seat #5 Position #7: Expires after three years: Appointed by Council seat #6 Position #8: Expires after three years: Appointed by Council seat #7 Position #9: Expires after three years: Appointed by the Mayor F. Members may be removed by the Mayor with the approval of City Council after a public hearing before the City Council, for inefficiency, neglect of duty, or malfeasance in office. Any vacancy on the commission shall be advertised, and the new appointee shall be selected from the applications received. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill the unexpired portion of the term. G. The seated commission will adhere to the code of conduct adopted by City Council and pertinent to Boards and Commissions. Violations of the code of conduct shall constitute malfeasance in office. H. The City Council President may appoint one Councilmember to serve as a nonvoting, ex officio member of the commission. I. In accordance with ECC 10.03, the commission may appoint a high school or college student to participate as a nonvoting member of the commission. 10.65.030: Officers of Commission – Meetings-Quorum Members of the commission shall meet and organize by electing from the members of the commission a chair, vice chair, and such other officers as may be determined by the commission. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. Five members shall constitute a quorum for the transaction of business. A majority of the quorum may transact any particular business of the commission. The commission shall set its own meeting dates and the City shall give notice of such meeting in compliance with the Open Public Meeting Act of the State of Washington, as it now exists and as it may be amended from time to time. Professional and general staff will be provided at the discretion of the Mayor and City Council. 10.65.040: Powers and Duties A. The commission is empowered to advise and make recommendations to the Mayor and City Council, and as appropriate to other boards and commissions on such matters as may be specifically referred to the commission by the Mayor or City Council, including, but not limited to: Attachment A 1. Serve as a commission for City government and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. 2. Recommend to the Mayor and City Council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. 3. Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination. 4. The commission shall deliver an annual report to the City Council in written and oral form on or about the first meeting in December every year, and when appropriate, during other times as directed by the Mayor or Council. Attachment A Chapter 10.65 Edmonds Diversity Commission Sections: 10.65.010: Establishment and purpose of the Commission 10.65.020: Appointment, membership and terms of appointment 10.65.030: Officers of Commission – Meetings-Quorum 10.65.040: Powers and Duties 10.65.010: Establishment and purpose of the Commission A. There is hereby created an Edmonds Diversity Commission consisting of 9 members. B. The mission of the Edmonds Diversity Commission is to promote and embrace diversity through action, education, and guidance. The Commission seeks to foster an understanding that includes, accepts, respects and appreciates each individual member of our community. 10.65.020: Appointment, membership and terms of appointment A. The Edmonds Diversity Commission will seek to attract members that are interested in diversity issues, can respect different viewpoints, are action oriented, and have personal experience that will provide empathy and community understanding regarding issues of diversity and will contribute to a diverse commission. The Mayor, City Council and Commission will consider the EEOC goals in selecting the initial slate of commission members. Members of the commission should live, work, and/or go to school in the city of Edmonds, Esperance area, and/or the town of Woodway.must be residents of the city of Edmonds. B. The first slate of commissioners seated will be selected by the Mayor and City Council. The Mayor will appoint two members, and each of the seven Council members will appoint one member to the commission. Subsequent appointments will be made by the seated Commission and will be subject to Council confirmation. C. Terms of the commission members will be three years, except as set forth below. There will be no term limits. D. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position will be deemed vacant, and a subsequent appointment will be made by a vote of the seated commission, subject to Council confirmation. E. In order to ensure the fewest terms will expire in any one year, the initial terms of the appointed positions will be staggered in the following manner: Position #1: Expires after one year: Appointed by the Mayor Attachment A Position #2: Expires after one year: Appointed by Council seat #1 Position #3: Expires after one year; Appointed by Council seat #2 Position #4: Expires after two years: Appointed by Council seat #3 Position #5: Expires after two years: Appointed by Council seat #4 Position #6: Expires after two years: Appointed by Council seat #5 Position #7: Expires after three years: Appointed by Council seat #6 Position #8: Expires after three years: Appointed by Council seat #7 Position #9: Expires after three years: Appointed by the Mayor F. Members may be removed by the Mayor with the approval of City Council after a public hearing before the City Council, for inefficiency, neglect of duty, or malfeasance in office. Any vacancy on the commission shall be advertised, and the new appointee shall be selected from the applications received. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill the unexpired portion of the term. G. The seated commission will adhere to the code of conduct adopted by City Council and pertinent to Boards and Commissions. Violations of the code of conduct shall constitute malfeasance in office. H. The City Council President may appoint one Councilmember to serve as a nonvoting, ex officio member of the commission. I. In accordance with ECC 10.03, the commission may appoint a high school or college student to participate as a nonvoting member of the commission. 10.65.030: Officers of Commission – Meetings-Quorum Members of the commission shall meet and organize by electing from the members of the commission a chair, vice chair, and such other officers as may be determined by the commission. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. Five members shall constitute a quorum for the transaction of business. A majority of the quorum may transact any particular business of the commission. The commission shall set its own meeting dates and the City shall give notice of such meeting in compliance with the Open Public Meeting Act of the State of Washington, as it now exists and as it may be amended from time to time. Professional and general staff will be provided at the discretion of the Mayor and City Council. 10.65.040: Powers and Duties A. The commission is empowered to advise and make recommendations to the mayor Mayor and Ccity councilCouncil, and as appropriate to other boards and commissions on such matters as may Attachment A be specifically referred to the commission by the Mmayor or Ccity Ccouncil, including, but not limited to: 1. Serve as a commission for City government and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. 2. Recommend to the Mayor and City Council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. 3. Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination. 4. The commission shall deliver an annual report to the ciCity Ccouncil in written and oral form on or about the first meeting in December every year, and when appropriate, during other times as directed by the Mmayor or Ccouncil. City of Edmonds Diversity Task Force Agenda January 9, 2014 Edmonds City Hall, 3rd Floor 3:00-5:00 pm Members of the Diversity Task Force Mario Brown Tung Bui Venus Deming Emily Hill Jeanne Park Gayle Ketzel Diane Talmadge Councilmember Diane Buckshnis Councilmember Lora Petso 21st District Representative: Strom Peterson Edmonds Staff facilitator: Carrie Hite 1. Introductions 2. Councilmembers hopes/expectations of the Task Force 3. Goals of the Task Force • Assist in the formation of a Diversity Commission • Define diversity • Draft a mission statement, purpose for the Commission, ordinance to form a Commission • Make recommendations for recruitment and selection of a Commission 4. Other considerations 5. Timeline/Next steps City of Edmonds Diversity Task Force January 9, 2015 Minutes In attendance: Mario Brown, Tung Bui, Emily Hill, Jeanne Park, Gayle Ketzel, Diane Talmadge, Councilmember Petso, Carrie Hite 1. Introductions were made, and members discussed why they were interested in being on the task force and helping with a recommendation for Council. 2. Councilmember Buckshnis, although not able to attend, reflected in a statement that she thought everyone has a right to feel safe and comfortable in the City of Edmonds and that no one has a right to put anyone in a box according to their world. Councilmember Petso reflected her interest for a Diversity commission similarly. 3. The task force discussed the nuts and bolts of the commission first. The Task force agreed on the Commission being made up of up to 9 members. They also discussed the selection of candidates, and reflected that the first commission should be seated by the Council and Mayor, with staggered terms. They then discussed their interest in having this Commission be self - selecting after the first commission is formed. The task force discussed the merits of having diverse members of the commission select future members, and that it may contribute to a more diverse commission. The task force also wanted candidates that would have interest, personal experience, and would be diverse themselves to be potential candidates for the commission. They thought 3 year terms, and no term limits would be appropriate. They also discussed including those who live, work, or go to school in Edmonds, Woodway, or Esperance as viable candidates. 4. There was some discussion about the definition of diversity, and one member reflected on the EEOC definition, and that we should be all inclusive. Several members agreed. One member offered the resolution from Washington State Human Rights Commission Honoring the 50th Anniversary of the Civil Rights Act of 1964. Others discussed the definitions and missions from Tukwila, Lynnwood. 5. As far as the mission, there was some discussion of including education, fostering acceptance, creating a place where people can go, being proactive, hosting events, cherishing and embracing through action, promoting awareness. The task force discussed this at length, and staff Hite recommended that they come up with key words, and she would draft something to work with for the next meeting. 6. Next steps: Hite requested that members respond to her email next week, asking for 2-3 key words and 1-2 statements that each member thought would be important to be included in a mission statement for the Commission. In addition, Hite would use the task force’s agreements on the composition of a commission, and draft a new ECC that the group could review at the next meeting. Meeting adjourned at 5:00 pm. City of Edmonds Diversity Task Force Agenda January 30, 2015 Edmonds City Hall, 3rd Floor 3:00-5:00 pm Members of the Diversity Task Force Mario Brown Tung Bui Venus Deming Emily Hill Jeanne Park Gayle Ketzel Diane Talmadge Councilmember Diane Buckshnis Councilmember Lora Petso 21st District Representative: Strom Peterson Edmonds Staff facilitator: Carrie Hite 1. Introductions 2. Brief recap from last meeting 3. Review, discuss and approve for recommendation to City Council: a. Mission statement and purpose for a Diversity Commission. b. Edmonds City Code and Ordinance forming a Diversity Commission. c. Recommendations for recruitment and selection of a Commission. 4. Other considerations 5. Next steps City of Edmonds Diversity Task Force January 30, 2015 Minutes Members present included: Councilmembers Buckshnis and Petso, Tung Bui, Venus Deming, Emily Hill, Diane Talmadge, Mario Brown, staff Carrie Hite. 1. Prior to the meeting, and based on the input from the task force, Carrie Hite emailed out a draft Mission and objectives for a commission, draft ECC 10.65, and a draft ordinance. They are attached. 2. The meeting started out with introductions again, and a brief recap of the previous meeting. 3. The task force reviewed the draft material and spent time editing. The final mission and objectives that are recommended by the task force are the following: Mission: The mission of the Edmonds Diversity Commission is to promote and embrace diversity through action, education, and guidance. The Commission seeks to foster an understanding that includes, accepts, respects and appreciates each individual member of our community. Objectives: • Serve as a commission for City government and the community by providing information, education, and communication that facilitates understanding of diversity and to celebrate and respect individual differences. • Recommend to the Mayor and City Council diversity opportunities to promote programs, and provide guidance to assure an accessible, safe, welcoming and inclusive government and community. • Support, challenge, and guide government and the community to eliminate and prevent all forms of discrimination. 4. The task force then spent time editing the draft ordinance. 5. The task force also discussed the recruitment and selection of the Commission. The task force offered their assistance in recruiting members for the first commission. 6. Staff Hite offered to clean up and edit all documents and send them out for final review. 7. Next Steps: City Council meeting on either February 10 or 24th. Mario Brown offered to present the recommendation for the Task Force. DRAFT ORDINANCE NO.XXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.65 CREATING A DIVERSITY COMMISSION ___________________________________________________________________ WHEREAS, the City of Edmonds has an interest in ensuring the rights of all citizens; and WHEREAS, the City of Edmonds adopted Resolution 1202 supporting the creation of the Human Rights Commission in Snohomish County; and WHEREAS, the City honors the Civil Rights Act of 1964 confirming the values of freedom and justice in our City; and WHEREAS, the City recognizes other legal protections have since been granted to other groups who have been subjected to discrimination; and WHEREAS, these legal protections must continue to recognize and ultimately prevent the discrimination that still exists; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Title 10, is hereby amended by the adoption of a new chapter 10.65 Edmonds Diversity Commission to read as follows: ( INSERT NEW CODE LANGUAGE HERE) DRAFT Mission The purpose of the Edmonds Diversity Commission is to promote and embrace through action, education and guidance, an understanding that accepts, celebrates, and appreciates diversity within the community. Vision: 1. To serve as a resource for City government and the community by providing information, education, and communication that facilitates a better understanding and celebrates our differences. 2. To provide recommendations to the Mayor and City Council that would identify opportunities to address diversity issues, promote diversity programs, and/or provide guidance to create a more accessible, safe, welcoming and inclusive government and community. 3. The City of Edmonds will support and challenge all areas of government and the community to eliminate and prevent all forms of discrimination. This includes those protected by federal law, including discrimination based on age, gender, race, national origin, religion, disability, color, marital status, political affiliation, and sexual orientation/gender identity. Chapter 10.65 Edmonds Diversity Commission --DRAFT— Sections: 10.65.010: Establishment and purpose of the Commission 10.65.020: Appointment, membership and terms of appointment 10.65.030: Officers of Commission – Meetings-Quorum 10.65.040: Powers and Duties 10.65.010: Establishment and purpose of the Commission A. There is hereby created an Edmonds Diversity Commission consisting of up to 9 members. B. The purpose of the Edmonds Diversity Commission is to promote and embrace through action, education and guidance, an understanding that accepts, celebrates, and appreciates diversity within the community. 10.65.020: Appointment, membership and terms of appointment A. The Edmonds Diversity Commission will seek to attract candidates that are interested in diversity issues, can respect different views, are action oriented, and have some personal experience that will contribute to a diverse commission. The Mayor, City Council and Commission will consider the EEOC goals in selecting members. Members of the commission should live, work, and/or go to school in the city of Edmonds, Esperance area, and/or the town of Woodway. B. The first commission seated will be selected by the Mayor and City Council. The Mayor will appoint two members, and each of seven Council members will appoint one member to the commission. Subsequent appointments will be selected by the seated Commission and will be subject to Council confirmation. C. Terms of the commission will be three years. There will be no term limits. D. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position will be deemed vacant, and will be replaced by a vote of the seated commission. E. In order to ensure the fewest terms will expire in any one year, the initial terms of the appointed positions will be staggered in the following manner: Position 1: Expires after one year: Appointed by the Mayor Position 2: Expires after one year: Appointed by Council seat #1 Positon 3: Expires after after one year; Appointed by Council seat #2 Position #4: expires after two years: Appointed by Council seat #3 Position #5: expires after two years: Appointed by Council seat #4 Position #6: expires after two years: Appointed by Council seat #5 Position #7: expires after three years: Appointed by Council seat #6 Position #8: expires after three years: Appointed by Council seat #7 Position #9: expires after three years: Appointed by the Mayor F. Members may be removed by the Mayor with the approval of City Council after a public hearing before the City Council, for inefficiency, neglect of duty, or malfeasance in office. In the event that any commissioner resigns or fails to attend three consecutive commission meetings, that position will be deemed vacant, and will be replaced by a vote of the seated commission. Any vacancy on the commission will be advertised, and the new appointee will be selected form the applications received. Any appointment to a position vacated other than by the expiration of the term of the appointment shall be to fill the unexpired portion of the term. G. The seated commission will adhere to the code of conduct adopted by City Council and pertinent to Boards and Commissions. 10.65.030: Officers of Commission – Meetings-Quorum Members of the commission shall meet and organize by electing from the members of the commission a chair, vice chair, and such other officers as may be determined by the commission. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. A majority of the filled positions on the commission shall constitute a quorum for the transaction of business. A majority of the quorum may transact any particular business of the commission. The commission shall set its own meeting dates and shall give notice of such meeting in compliance with the Open Public Meeting Act of the State of Washington, as it now exists and as it may be amended from time to time. Professional and general staff will be provided at the discretion of the Mayor and City Council. 10.65.040: Powers and Duties A. The commission is empowered to advise and make recommendations to the mayor and city council, and as appropriate to other boards and commissions on such matters as may be specifically referred to the commission by the mayor or city council, including, but not limited to: 4. To serve as a resource for City government and the community by providing information, education, and communication that facilitates a better understanding and celebrates our differences. 5. To provide recommendations to the Mayor and City Council that would identify opportunities to address diversity issues, promote diversity programs, and/or provide guidance to create a more accessible, safe, welcoming and inclusive government and community. 6. Assist the City of Edmonds to support and challenge all areas of government and the community to eliminate and prevent all forms of discrimination. This includes those protected by federal law, including discrimination based on age, gender, race, national origin, religion, disability, color, marital status, political affiliation, and sexual orientation/gender identity.    AM-7624     12.              City Council Meeting Meeting Date:04/14/2015 Time:15 Minutes   Submitted For:Phil Williams Submitted By:Scott James Department:Finance Review Committee: Committee Action:  Type: Action  Information Subject Title Amending the City Code regarding delinquency charges, threshold account balances, and turn-on and turn-off charges. Recommendation   Previous Council Action   Narrative The attached Ordinance proposes: 1a)  Amend the City's utility billing delinquency charge of 10% of the outstanding balance to a flat fee of $25.00, and 1b)  Amend the threshold for account balances to be considered delinquent from $21.00 to $40.00, in other words accounts with overdue balances under $40.00 will not be considered delinquent and will not be charged the delinquent charge, and 2) Amend the City's Turn-on and Turn-off charges for non-regular working hours from $75.00 to $125.00. Background: Delinquency Charges Current City Code Section 7.10.025 for delinquency charges states:  "A charge equal to 10 percent of the outstanding balance of the delinquent utility bill shall be added as a fee..." The basis for amending the delinquent charge is to standardize the charge for all accounts and bring the City's delinquent charges in line with how other utilities are assessing this charge. Turn on and Turn off Charges Current City Code Section 7.10.070 for turn on and turn off charges states"....If the water is turned in or off at any time other than during regular working hours, the charge shall be $75.00. The basis for amending this charge is to recover the costs incurred by staff working after normal business hours.  Please see attached cost analysis. Attachments Ordinance to Amend Utility Delinqunet Charge Cost Analysis Form Review Inbox Reviewed By Date Finance Scott James 04/09/2015 11:42 AM City Clerk Linda Hynd 04/09/2015 11:53 AM Mayor Dave Earling 04/09/2015 12:24 PM Finalize for Agenda Linda Hynd 04/09/2015 02:29 PM Form Started By: Scott James Started On: 04/08/2015 02:22 PM Final Approval Date: 04/09/2015  ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE 7.10 REGARDING WATER SERVICE TO CLARIFY THE CALCULATION OF DELINQUENCY CHARGES, AND TO AMEND THE TURN ON AND TURN OFF CHARGES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Edmonds City Code does not clarify the method of calculation of delinquency charges for utility bills; and, WHEREAS, the City Council has determined that the delinquency charge should be imposed using a flat $25 fee; and, WHEREAS, the City Council has determined to raise the dollar amount at which an account is considered delinquent; and WHEREAS, the City Council has determined that turn on and turn off charges for the water utility shall be raised where a water customer requests a turn on after regular working hours; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 7.10.025 of the ECC, entitled “Delinquency charge,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike- through): 7.10.025 Delinquency charge. A charge equal to 10 percent of the outstanding balance of the delinquent utility bill twenty five (25) dollars shall be added as a fee, except in cases of extraordinary hardship as determined by the administrative services director or his/her designee. The decision of the administrative services director can be appealed to the finance committee of the Edmonds city council. The account shall be considered delinquent 35 days after the sending of the regular billing. Such delinquency notice and billing will be provided 35 days following the mailing of a regular utility bill. This charge shall be applicable to all delinquent utility billing accounts. In order to be considered delinquent an account must total $21 40.00 or more of delinquency, and no delinquency charge shall be levied against any delinquent account under $21 40.00. This delinquency charge shall be paid prior to the application of any payment against the fee or charge initially assessed and nothing herein shall be interpreted to limit the city’s collection of its attorneys’ fees and other reasonable costs and charges in the event it is forced to seek judicial remedy for collection. Nothing herein shall be interpreted to limit the city’s ability to enforce a sewerage lien on properties for delinquent and unpaid sewerage utility bills, as authorized by RCW 35.67.200 through 35.67.290, including terminating water service until charges are paid and/or pursuing sewerage lien foreclosure. Section 2. Section 7.10.070 of the ECC, entitled “Turn on and turn off charges,” is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike-through): 7.10.070 Turn on and turn off charges. The charge for turning off the water at the main shall be $20.00 and the charge for turning on or off the water other than at the main shall be $20.00 if done during regular working hours. If the water is turned on or off at any time other than during regular working hours, there charge shall be an additional charge of $75.00 $125.00. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance, being administrative in nature, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2015, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE 7.10 REGARDING WATER SERVICE TO CLARIFY THE CALCULATION OF DELINQUENCY CHARGES, AND TO AMEND THE TURN ON AND TURN OFF CHARGES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2015. CITY CLERK, SCOTT PASSEY 4 Turn on and Turn off Cost Analysis Edmonds Costs: Maintenance Worker II Grade 1 Step V Hourlyly Rates:$30.34 $31.84 Time & Half $45.51 $47.76 Benefits @ 35%$15.93 $16.72 Total Labor Cost $61.44 $64.48 Minimum Hours 2.00 2.00 Labor Costs $122.88 $128.95 Average Rate for these two costs is:$125.91 Proposed Rate $125.00