CITY COUNCIL MEETING AGENDA

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					                                                                                                                 Tuesday 
                            CITY COUNCIL                                                                     January 19, 2010 
                           MEETING AGENDA                                                                        7:00 pm 

                                                                                                                        
                                  REGULAR MEETING                                                                       


CALL TO ORDER & ROLL CALL ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:00 pm                      COUNCILMEMBERS 
                                                                                                               Bruce Bassett 
SPECIAL BUSINESS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:01 pm                Mike Cero 
                                                                                                                Mike Grady 
     Veterans and Human Services Levy Presentation
                                                                                                                Dan Grausz 
APPEARANCES ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:15 pm              El Jahncke 
      This is the time set aside for members of the public to speak to the City Council about any              Steve Litzow 
      issues of concern. If you wish to speak, please consider the following points: 
         1.  speak audibly into the podium microphone, 
                                                                                                               Jim Pearman 
         2.  state your name and address for the record, and                                                            
         3.  limit your comments to three minutes. 
                                                                                                                CITY MANAGER 
MINUTES ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:30 pm         Rich Conrad 
(1)  REVISED Special Meeting Minutes of December 7, 2009                                                     
     Regular Meeting Minutes of January 4, 2010                                                              
                                                                                                             
CONSENT CALENDAR ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7:32 pm  All meetings are held in the  
(2)  Payables:  $1,255,573.15 (01/07/10) & 497,483.92 (01/13/10) 
                                                                                              City Hall Council Chambers  
     Payroll:  $4,142.06 (12/31/09) & $693,152.25 (01/15/10) 
                                                                                               unless otherwise noticed 
                                                                                                             COUNCIL CHAMBERS 
REGULAR BUSINESS                                                                                              9611 SE 36th Street 
(3)  AB 4500  Interlocal Agreement with City of Bellevue for Marine Patrol Services  ‐‐ 7:35 pm 
                                                                                                              Mercer Island, WA 

(4)  AB 4492  Public Hearing: Temporary Encampments Ordinance (1st Reading) ‐‐‐‐‐‐ 8:05 pm                          PHONE 
                                                                                                                 206.275.7600 
OTHER BUSINESS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 9:30 pm                   EMAIL 
     Councilmember Absences                                                                                  council@mercergov.org 
     Planning Schedule 
     Board Appointment to YFS Advisory Board                                                                         WEB 
     Councilmember Reports                                                                                    www.mercergov.org 
ADJOURNMENT ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 9:40 pm 
                                         Agenda times are approximate 



                                                                                                                        
                                                    D E F I N I T I O N S 
                                                                                  
APPEARANCES:                                                                     ORDINANCE: 
This  is  the  time  set  aside  for  members  of  the  public  to  speak  to    Ordinances  are  legislative  acts  of  local  laws.  They  are  the  most 
the  Mayor  and  City  Council  about  any  issues  of  concern.  Unless         permanently  and  binding  form  of  Council  action  and  may  be 
the  item  you  wish  to  discuss  is  of  an  emergency  nature,  the           changed or repealed only by a subsequent ordinance. Ordinances 
Council  ordinary  takes  matters  under  advisement  before  taking             normally  become  effective  five  days  after  they  are  published  in 
action. If you wish to speak, please consider the following points:              the  City's  official  newspaper.  An  ordinance  will  generally 
   speak audibly into the podium microphone,                                   prescribe permanent rules of conduct or government. 
   state your name and address for the record, and                              
   limit your comments to three minutes.                                       PLANNING SCHEDULE: 
                                                                                 The  planning  schedule  is  a  quarterly  calendar  that  reflects 
CONSENT CALENDAR:                                                                upcoming Council meetings and proposed items of discussion. 
This  is  a  means  to  streamline  Council  meeting  procedures  by              
collecting  the  routine,  non‐controversial  items  into  a  group              PROCLAMATION: 
whereby  all  are  passes  with  a  single  motion  and  vote.  Each  City       The  purpose  of  a  proclamation  is  to  recognize  the  efforts  of  a 
Council agenda includes, but is not limited by this reference:                   particular group or increase awareness of an activity. The Mayor 
    final approval of leases and contracts,                                    determines whether to issue a proclamation. They are written by 
    final acceptance of grants, deeds or easements,                            staff and usually announced at a City Council meeting; however, 
    setting dates for public hearings,                                         the Mayor can issue a proclamation without Council approval. 
    approval of change orders,                                                  
    payable and payroll sheets, and                                            PUBLIC HEARING: 
    other  routine  items  as  the  City  Manager  may  deem                   Public  Hearings  are  public  meetings.  They  are  a  formal 
      appropriate.                                                               opportunity  for  citizens  to  give  their  views  for  consideration  in 
                                                                                 the decision‐making process. Public Hearings can be held either in 
If  separate  discussion  of  any  Consent  Calendar  item  is  desired,         regular session or at a special meeting after proper notice. Public 
that  item  may  be  removed  from  the  Consent  Calendar  at  the              Hearings provide the Council with views on either side of issues. 
request  of  any  Councilmember.  At  the  conclusion  of  passage  of            
the  Consent  Calendar,  those  items  removed  shall  be  discussed             RESOLUTION: 
and acted upon before proceeding to the next item of business or                 Resolutions  act  as  less  solemn  or  formal  rules  and  generally  are 
shall be set to a later position on the agenda of that meeting.                  simply an expression of the opinion of the Council. 
                                                                                  
EMERGENCY MEETING:                                                               SPECIAL MEETING: 
In  case  of  an  emergency  or  the  likelihood  of  an  emergency              Any  meeting  that  it  is  not  held  at  the  regular  time,  place  or 
involving  injury  or  damage  to  persons  or  property,  the  special          location is a Special Meeting. Written notice of the time and place 
meeting  notice  may  be  dispensed  with  when  the  time                       of  a  Special  Meeting  must  be  received  at  lease  24  hours  in 
requirements  would  make  notice  impractical  and  increase  the               advance  by  the  members  of  the  body  and  the  news  media. 
likelihood of such injury or damage. RCW 42.30.080.  The special                 Special Meetings are open to the public. 
meeting  notice  should  be  sent  to  “The  Mercer  Island  Reporter”            
and  placed  in  the  lobby  of  the  building  where  the  meeting  is          Special meetings are also public meetings. Written notification of 
usually held.                                                                    special  meetings  can  be  dispensed  with  when  there  is  an 
                                                                                 emergency.  The  notice  shall  contain  the  date,  time  and  place  of 
When a special meeting is called for a date and time that makes it               the  meeting,  as  well  as  subject  matter  to  be  considered.  The 
impossible  to  send  a  written  notice  by  mail  or  facsimile  and           description of the business is very important because the body is 
afford  a  24‐hour  notice,  the  people  on  the  special  meeting  list        precluded  from  making  any  final  disposition  of  matter  not 
who  were  not  in  attendance  when  the  special  meeting  was                 included in the published notice of the business to be transacted.  
announced should be called. Notes should be kept of the names                     
of the people called and the time and date of the call. 
                                                                                 STUDY SESSION: 
 
                                                                                 These work sessions are generally held by the City Council on the 
EXECUTIVE SESSION:                                                               first Monday of the month prior to its regular meeting. The study 
Executive  Sessions  are  held  to  discuss  personnel,  property  or            sessions  begin  at  6:00  pm,  last  about  60  minutes,  and  may  be 
litigation  matters  and  are  limited  to  Council  members  and  any           held  at  a  site  other  than  City  Hall.  The  Council  takes  no  formal 
additional  persons  deemed  appropriate  by  the  presiding  officer.           action during this time. 
Prior  to  convening  the  Executive  Session  the  Mayor  or 
chairperson must announce the purpose and approximate length 
of  the  Executive  Session.  Discussions  are  not  recorded  or 
                                                                                      In compliance with the Americans with Disabilities 
reported and actions must be announced in open session.                              Act, those requiring accommodation for this meeting 
                                                                                     should notify the City Clerk’s Office at least 24 hours 
                                                                                             prior to the meeting at 206.275.7793.  
                            *REVISED* CITY COUNCIL MINUTES
                            SPECIAL MEETING
                            DECEMBER 7, 2009


CALL TO ORDER:

Mayor Jim Pearman called the meeting to order at 6:00 pm in the Council Chambers of City Hall, 9611 SE 36th
Street, Mercer Island, Washington.


ROLL CALL:

Councilmembers Bruce Bassett, Mike Cero, Mike Grady Dan Grausz, Steve Litzow, Deputy Mayor El Jahncke and
Mayor Jim Pearman were present.


SPECIAL BUSINESS:

(1)       Resolution of Appreciation for John Ewald

          Mayor Jim Pearman read a resolution of appreciation and commendation for John Ewald thanking him for
          his seven years of service to the Mercer Island community as a member and vice-chair of the Utility Board
          and a volunteer with the Mercer Island Emergency Preparedness Program and Mercer Island’s National
          Night Out Program.


APPEARANCES:

Barry Miller, 4056 90th Avenue SE, is a volunteer bus driver for CCMV and Parks & Recreation. He asked the
    Council to consider some improvements to the Community Center: (1) a lunch/beverage counter, (2) a canopy
    from curbside to the building for inclement weather and (3) additional space for a lounge and game room with a
    pay-per-use fee so a person does not have to rent a room.

Darwin Anderson, Board Member for the Emergency Feeding Program, thanked the Mayor, Council and citizens of
   Mercer Island for helping to raise over 77,000 pounds of food and $10,000 during the Eastside Mayors’ Month
   of Concern for the Hungry. Derek Franklin, Administrative and Community-Based Services Manager for YFS,
   thank the Council and community for support of Eastside Mayors’ Month of Concern for the Hungry and for
   stocking the YFS food pantry.

Brian Emmanuals, 1900 Faben Drive, spoke in favor of the bid award for the South Mercer Playfield Improvements
    Project and encouraged the Council to award the project. He also spoke about the prioritizing the bid
    alternatives that could be built in the future.


MINUTES:

(2)       It was moved by Councilmember Grady; seconded by Councilmember Litzow to:
          Regular Meeting Minutes of November 16, 2009 as written.
          Motion passed 7-0.


CONSENT CALENDAR:

(3)       Payables: $431,169.95 (11/16/09)           Payroll:   $431,169.95 (11/20/09)
                    $847,733.25 (11/20/09)                      $637,964.06 (12/4/09)
                    $968,502.02 (12/2/09)


City of Mercer Island City Council Meeting Minutes                      December 7, 2009                              1
          It was moved by Councilmember Litzow; seconded by Councilmember Grady to:
          Approve the Consent Calendar and the recommendations contained therein.
          Motion passed 7-0.


REGULAR BUSINESS:

(4)       AB 4491             Commute Trip Reduction (CTR) Ordinance (2nd Reading)

          It was moved by Councilmember Litzow; seconded by Councilmember Grady to:
          Adopt Ordinance No. 09C-10, rescinding Chapter 10.70 MICC and adopting new Commute Trip
          Reduction (CTR) regulations in Chapter 10.71 MICC.
          Motion passed 7-0.


(5)       AB 4489             Sustainable Development Code (2nd Reading)

          Development Services Director Steve Lancaster presented two ordinances for second reading that amend
          to the development code and remove the regulatory barriers to green building and low impact development
          practices.

          It was moved by Deputy Mayor Jahncke; seconded by Councilmember Grady to:
          Adopt Ordinance No. 09C-17 amending MICC Title 19 to eliminate regulatory barriers to Low Impact
          Development.
          Motion passed 7-0.

          It was moved by Deputy Mayor Jahncke; seconded by Councilmember Grady to:
          Adopt Ordinance No. 09C-18 amending MICC Title 17 to eliminate regulatory barriers to Green
          Building.
          Motion passed 7-0.


(6)       AB 4488             South Mercer Playfield Improvement Project Bid Award

          Interim Parks and Recreation Director Manny Ocampo presented information about awarding the bid for
          the South Mercer Playfield Improvement Project pursuant to the interlocal agreement with the Mercer
          Island School District to replace the dirt infields with synthetic turf on Fields #1, #2, and #3 as a base
          project. He also spoke about several bid alternatives to be considered as budget and field operations
          allow.

          It was moved by Councilmember Litzow; seconded by Councilmember Bassett to:
          Set the project budget for Phase 1 at $670,568 and award the South Mercer Playfield Improvement
          Phase 1 construction project to Precision Earthworks in the amount of $441,700 and authorize the
          City Manager to execute the construction contract.

          It was moved by Councilmember Grausz; seconded by Deputy Mayor Jahncke to:
          Amend the previous motion as follows:
          Set the project budget for Phase 1 at $648,483 [setting the contingency at 10% ($44,170) instead of
          15%] and award the South Mercer Playfield Improvement Phase 1 construction project to Precision
          Earthworks in the amount of $441,700 and authorize the City Manager to execute the construction
          contract.
          Motion passed 7-0.

          Main motion passed 7-0.


          The Council took a break at 6:52 pm. The Regular Meeting reconvened at 7:02 pm.



City of Mercer Island City Council Meeting Minutes                     December 7, 2009                                2
          Mayor Pearman asked for a moment of silence to honor the troops serving overseas during the holiday
          season.

          Mayor Pearman recognized Boy Scout Troop 457 who was in attendance for the Island Crest Way Corridor
          Reconfiguration agenda item.


(7)       AB 4490             Island Crest Way Corridor Reconfiguration

          Development Service Director Steve Lancaster presented information to the City Council as it reconsiders
          future improvements to the Island Crest Way corridor and its intersection with Merrimount Drive. Director
          Lancaster summarized previous decisions related to this corridor and the recommendations of the Island
          Crest Way Citizen Panel and consulting engineer Joe Giacobazzi of KPG, Inc. described the alternatives
          and answered technical questions.

          Public Comment:

          Karen Grove, 5605 84th Avenue SE (Area 4), spoke about three principles, (1) safety for all modes of traffic
             and having 3 lanes and pedestrian median islands, (2) convenience and (3) flexibility as she would like
             to live in a way not dependant on car to get where need to go.

          Mark Satterlund, lives off-Island, Swerve Driver Training instructor, receives frequent question from parents
             of, “How do I get my teen onto Island Crest Way?” He stated that students are dependent on Island
             Crest Way to get to and from services. He encouraged the Council to choose safest option for the
             corridor.

          Carol Gullstad, 8421 SE 47th Street, (Area 3), showed a video of Jim Richards speaking about a
             pedestrian/vehicle accident at the intersection of SE 47th Street and Island Crest Way. She would like
             to see a decision that enhances safety in the whole corridor.

          Alex Rorem, 9432 SE 52nd Street (Area 3), is a new driver who spoke about the issues at the SE 47th
              Street intersection. He would like to see 3-lanes to improve safety and to eliminate stress.

          Lynn Tuttle, 4341 Island Crest Way (Area 2), believes it is too hard to cross Island Crest Way and wouldn’t
             let kids cross without adult. The intersection at SE 42nd Street is dangerous as, as people don’t know
             why cars are stopping in left lane. Her son has to sometimes wait 10 minutes to cross Island Crest Way
             as a pedestrian.

          Walter Boos, 8343 East Mercer Way (Area 5), is concerned about the "road diet". He stated that Island
             Crest Way is primary thoroughfare and the current configuration has reduced the daily flow of vehicles
             by 2100 vehicles. He believes that restricting Island Crest Way has increase traffic on East and West
             Mercer Ways which dangerous because they are winding and have no bicycles lanes.

          Jake Jacobsen, 7997 SE 76th Street (Area 5), member of ICW Citizen's Panel, did not concur with panel's
             recommendation. He believes that narrowing Island Crest Way will cause further congestion, may be
             more unsafe and will be more difficult for drivers to enter Island Crest Way as traffic will be backed up.
             He believes the best option is traffic signal option as it serves safety in best possible way. His second
             choice would be to properly sign the current configuration.

          Jim Stanton, 7812 SE 78th Street (Area 5), believes that the main issue is safety. He has been using WMW
              more, because of the restricting lanes Island Crest Way. He urged the Council to look at the corridor as
              part of traffic flow on the entire Island.

          Fred LaCroix, 9401 SE 57th Street (Area 4), stated that Island Crest Way is the primary thoroughfare for
              Island and questions data collected especially the trip times recorded when school is in session. He
              thinks that changing from 4 to 3 lanes is not the option.

          David Schiffrin, 14 Brook Bay Road (Area 2), is in favor of no action or a traffic signal at the intersection. He
             stated that he is not directly impacted by a 3-lane configuration, but is affected by an increase of traffic
             on West Mercer Way because of the change. He asked the Council to look at whether a documented

City of Mercer Island City Council Meeting Minutes                        December 7, 2009                               3
               problem exists.

          Judy Chase, 4467 Forest Ave SE (Area 2), drives Island Crest Way four to five times a day. She stated that
             turning onto Island Crest Way is dangerous and strongly believes that the 3-lane configuration is the
             right option for the corridor. She understands the worry and concern about the changes, but safety is
             most important.

          Jerome Roache, 4341 Island Crest Way (Area 2), lives on the corner of Island Crest Way and Merrimount.
              He thought the signal option was best, but now believes the 3-lane option is better because of the way
              the road is. He would like to see the speed limit on Island Crest Way examined as many people speed.
              He supports pedestrian signals so drivers can see when someone is crossing.

          Lynn Thomas, 7360 Island Crest Way (Area 5), supports the 3-lane configuration on Island Crest Way as
             she believes it is the safest option for pedestrians and children. She would like to see a safe place for
             those choose not to drive to cross Island Crest Way.

          Scott Milburn, 7480 81st Place SE (Area 5), member of ICW Citizen's Panel, spoke about doing cost benefit
             analysis, but first have to look at data. He stated that the accident statistics in 2006-2007 were lowest
             in decade, but now there are more with the new configuration. He asked the Council to consider that
             intersection isn't that unsafe. He asked that Island Crest Way be returned to way it was and close off
             access to SE 44th Street.

          Daniel Glasser, 7416 West Mercer Way (Area 5), drives Island Crest Way every day. He is in favor of 3-
             lane configuration as it is the best balance of commute time and safety. He stated that opinions are
             based on personal experiences and the evidence shows that personal experience with traffic does not
             reflect reality. He urged the Council consider the facts and data.

          Jim Horn, 9507 SE 61st Street (Area 4), spoke about the history of Island Crest Way. He asked the
              Council to recognize past City Council's policies and not decrease the capacity of Island Crest Way
              with the 3-lane configuration.

          Nate Larsen, 8221 SE 65th Street (Area 4), drives Island Crest Way every day. He urged the Council to
             examine the options from consultants. He believes that the 3-lane option is ideal and bicycle lanes will
             improve safety. He stated that the current Island Crest Way/Merrimount intersection shows that 4 lanes
             are not necessary south of that intersection. He urged the Council to balance safety and needs of all
             users.

          Ken Brostrom, 7821 SE 71st Street (Area 5), believes that the road diet will reduce Island Crest Way
             carrying capacity and will make difficult for side streets to enter Island Crest Way. He believes this will
             increase road rage and increase the danger of accidents at intersection. He stated that service vehicles
             and buses don't pull into pull-outs as it’s difficult to pull back in to traffic, causing more congestion. He
             would like to see the left turn access from Merrimount to Island Crest Way be eliminated.

          Kevin Scheid, 6189 92nd Avenue SE (Area 4), travels Island Crest Way twice a day. He would not
             recommend putting bike lane on Island Crest Way because of the traffic speed. He has seen more near
             misses and accidents since the reconfiguration. He stated that traffic has slowed down, because Island
             Crest Way is more congested and more dangerous. He urged the Council to install a traffic signal or
             restrict left turns off of Merrimount.

          Eva Zemplenyi, 6188 92nd Avenue SE (Area 4), member of ICW Citizen's Panel, she worried about
             emergency vehicles passing other vehicles with the 3-lane configuration. She stated that any care that
             turns right off of Island Crest Way will cause traffic to slow down. She stated that the ABC website said
             traffic accidents have decreased, but statistics are only for one year.

          Barry Miller, 4056 90th Avenue SE (Area 1), is a volunteer bus driver for the Parks & Recreation
              Department. He would like to see pedestrian signals up and down Island Crest Way and to see SE 44th
              Street closed off as it is dangerous. He would like to see a traffic signal at the intersection, but only as a
              three-way intersection.

          Mark Clausen, 6107 SE 32nd Street (Area 1), believes road diet is a bad idea. He thinks that Island Crest

City of Mercer Island City Council Meeting Minutes                       December 7, 2009                                 4
               Way is not good for cycling. He urged the Council look at where accidents are happening to improve
               safety. He spoke about accidents on the other major arterials on the Island.

          Marty Gale, 9404 SE 54th Street, (Area 4), spoke about the service level of the Island Crest Way and
             Merrimount intersection. She reviewed the history of the solutions for the intersection. She spoke
             about comments Mayor Pearman made about the City’s insurance stating that they would drop the City
             if the intersection was not fixed.

          Gail Stagman, 7401 92nd Place SE (Area 5), proposed two solutions to the Council to (1) close off SE 44th
              Street and Merrimount to Island Crest Way and (2) keep Island Crest Way four lanes. She bleives the
              traffic light is a bad idea. She asked the Council to look at the general needs of community not
              individual concerns.

          Bob Olson, 7817 SE 73rd Place (Area 5), concurs with the comments of David Schiffrin, Jim Stanton, Mark
             Clausen, Wally Boos and Eva Zemplenyi.

          Kris Kelsay, 4743 Fernridge Lane (Area 1), believes the decision should be a data-driven. She stated that
              the experts, the Council and the citizen panel all recommended a 3-lane configuration. She stated that
              on the ABC website, 400 people said the 3-lane configuration is the best option. She believes the
              corridor problems need to be solved not just the Island Crest Way/Merrimount intersection.

          Steve Bryan, 2426 70th Avenue SE, (Area 1), believes that safety is key. He doesn’t think that Island Crest
              Way is safe for bikes. He thinks that the current arrangement provides traffic calming. He is less
              concerned about travel time, more concerned with safety.

          Milford Walker, 6160 93rd Avenue SE, (Area 4), would like to see pedestrian signals or overpasses and the
              eliminate left turn to Island Crest Way from Merrimount eliminated.

          Roberta Lewandowski, 4740 86th Avenue SE, (Area 3), supports the 3-lane configuration and appreciates
             pedestrian safety improvements on the Island.

          Jenny Selby, 4595 89th Avenue SE (Area 4), uses SE 47th Street to access Island Crest Way and believes
             that since the reconfiguration, getting onto Island Crest Way has become more dangerous. She
             believes that a bike lane will make it more dangerous.

          Tamae Moriyasu, 9019 SE 61st Street (Area 4), agrees with comments of Daniel Glasser and Kris Kelsay.
             She stated that the Council paid for a study and they should follow the results. She believes that safety
             of the citizens is their first responsibility not to make commute faster.

          Monica Malene, 8810 SE 56th Street (Area 4), supports 3-lane configuration and urged the Council to think
             about making Island Crest Way safer for all people not just one group of users.

          Dana Isherwood, 8706 SE 50th Street (Area 3), explained that her neighborhood’s only access point is to
             take a right or left turn from SE 48th Street to Island Crest Way, where the visibility is poor because of
             the curve in the road. She believes that if the Council chooses the 3-lane configuration, there must be
             a different option for SE 48th Street.

          Joy Matsura, Island Resident (Area 5), would like to see a light at the intersection of Island Crest Way and
              Merrimount for pedestrian safety and left turns, but agrees that it is too expensive to re-grade SE 44th
              Street. She stated that after looking at traffic data, it seems there are a lot of very bad drivers on
              Mercer Island. She does not think that adding bike lanes to Island Crest Way will necessarily make it
              safer.

          Penny Storie, 8470 Benotho Place(Area 5), believes that traffic has gotten worse every year. She would
             like to see Island Crest Way return to 4 lanes, SE 44th Street closed off and left turns onto Island Crest
             Way from Merrimount prohibited.

          Lee Prewitt, 4641 90th Avenue SE (Area 3), believes that the data should be driving the decision for the
             Island Crest Way corridor. He spoke about his experience with a 3-lane configuration in Kirkland.


City of Mercer Island City Council Meeting Minutes                     December 7, 2009                                  5
          Adam Cooper, 4114 Boulevard Lane (Area 4), spoke as a citizen, not as a Planning Commissioner,
             believes that Island Crest Way should not have bike lanes included and should be for motor vehicles
             only. He suggested reducing speed limits on East and West Mercer Ways to move drivers back to
             Island Crest Way.

          Allison Lewis, 4759 Fernridge Lane (Area 1), encouraged the Council to look at data to make a decision not
               anecdotal evidence. She strongly supports the 3-lane configuration as it is the safest option. She has a
               teen driver who has to make left turns off Island Crest Way and it is terrifying for her and her daughter.
               She is also concerned that the speed limit is not followed.

          Bonnie Wojciehowski, 7835 SE 63rd Place (Area 2), member of the ICW Citizen's Panel, dedicated last 4
             months to researching 3-lane corridors and would have strongly supported Council's initial decision to
             extend the 3-lane configuration all way down Island Crest Way if she had this information prior to the
             panel meetings. She believes that it is critical that 3-lane configuration extend from SE 42nd Street to
             SE 53rd Street.

          Jonathan Harrington, 9514 SE 68th Street (Area 5), supports 3-lane configuration after looking at the data.
             He understands the difficulty in balancing the needs of all of the citizens.

          Elliot Newman, 8525 SE 79th Place (Area 5), thanked the Council for the opportunity to express opinions
               about Island Crest Way. His observation is that the issue is with corridor not the intersection, even
               though the Island Crest Way/Merrimount intersection was the mandate for change. He provided list of
               232 people who endorse a 3-lane configuration, 41 comments of people who did not attend the
               meeting, as well as Twitter and Facebook comments about Island Crest Way. He believes the corridor
               is dangerous and the people who have commented have stated safety as the major concern.

          Amy White, 5605 89th Avenue SE (Area 4), appreciates the opportunity to turn left and right onto Island
             Crest Way and a middle lane may cause conflict. She is concerned about new changes to high school
             campus. She supports a light on Island Crest Way and flashing pedestrian crossings.

          Mickey Brostrom, 7821 SE 71st Street (Area 5), asked the Council to keep in mind that all data is subject to
             interpretation. She sees the options as single solutions to a series of problems and believes whatever
             solution is chosen will create more problems down the chain.


          The Council took a break at 9:00 pm. The meeting reconvened at 9:15 pm.


          It was moved by Councilmember Grady; seconded by Councilmember Bassett to:
          Direct the City Manager to return to the City Council with a final project scope, schedule and budget
          for Island Crest Way consistent with the Option described in 2009-2014 TIP and to be included in
          the 2010 Transportation Improvement Program, including pedestrian signals at SE 42nd Street and
          SE 47th Street along with shoulder striping the lengths of the improvements.

          It was moved by Councilmember Bassett; seconded by Councilmember Grady to:
          Amend the previous motion as follows:
          Direct the City Manager to return to the City Council with a final project scope, schedule and budget
          for Island Crest Way consistent with the Option described in 2009-2014 TIP and to be included in
          the 2010 Transportation Improvement Program, including pedestrian signals at SE 42nd Street and
          SE 47th Street along with shoulder striping the lengths of the improvements.
          Motion failed 2-5 (Councilmembers Bassett and Grady proponents of motion).

          Main motion failed 2-5 (Councilmembers Bassett and Grady proponents of motion).

          It was moved by Councilmember Grausz; seconded by Councilmember Bassett to:
          Direct the City Manager to return to the City Council with a final project scope, schedule and budget
          for Island Crest Way consistent with the Option C3 (Citizen Panel Recommendation) and to be
          included in the 2010 Transportation Improvement Program with further study by staff to
          recommend whether the 3-lane configuration should begin north of Merrimount but south of SE
          42nd Street.

City of Mercer Island City Council Meeting Minutes                     December 7, 2009                                 6
          It was moved by Councilmember Bassett; seconded by Councilmember Grady to:
          Amend the previous motion as follows:
          Direct the City Manager to return to the City Council with a final project scope, schedule and budget
          for Island Crest Way consistent with the Option C3 (Citizen Panel Recommendation) and to be
          included in the 2010 Transportation Improvement Program with further study by staff to
          recommend whether the 3-lane configuration should begin north of Merrimount but south of SE
          42nd Street and include shoulder striping the length of the improvements.
          Motion failed 2-5 (Councilmembers Bassett and Grady proponents of motion).

          Main motion passed 4-3 (Councilmembers Cero and Litzow and Deputy Mayor Jahncke dissented).


OTHER BUSINESS:

     Councilmember Absences:
        There were no absences.

     Planning Schedule:
        There were no changes.

     Board Appointments:
        There were no appointments.

     Councilmember Reports:
        There were no reports.


EXECUTIVE SESSION:

The City Council, City Attorney Katie Knight, City Manager Rich Conrad and Police Chief Ed Holmes convened to
Executive Session at 11:14 pm to discuss a collective bargaining agreement pursuant to RCW 42.30.140(4)(a)
for approximately 15 minutes.

The Executive Session was adjourned at 11:29 pm and the Regular Meeting was reconvened.


ADJOURNMENT:                  11:29 pm



                                                                           _______________________________
                                                                                         Jim Pearman, Mayor
Attest:



_________________________________
Allison Spietz, City Clerk




City of Mercer Island City Council Meeting Minutes                December 7, 2009                              7
                            CITY COUNCIL MINUTES
                            REGULAR MEETING
                            JANUARY 4, 2010


CALL TO ORDER:

City Clerk Ali Spietz called the meeting to order at 7:02 pm in the Council Chambers of City Hall, 9611 SE 36th
Street, Mercer Island, Washington.


ROLL CALL:

Councilmembers Bruce Bassett, Mike Cero, Mike Grady Dan Grausz, Steve Litzow, Deputy Mayor El Jahncke and
Mayor Jim Pearman were present.


SPECIAL BUSINESS:

(1)       AB 4497             Oath of Office and Mayor and Deputy Mayor Elections

          City Clerk Ali Spietz administered the Oaths of Office to the recently re-elected Councilmembers: Mike
          Grady, Dan Grausz and Jim Pearman.

          City Clerk Spietz then called for nominations from the floor for the office of Mayor for 2010-2011.
          Councilmember Bassett nominated Jim Pearman. There were no other nominations. Councilmember
          Pearman was elected Mayor by unanimous voice vote, 7-0.

          City Clerk Spietz administered the Oath of Office to Mayor Pearman.

          City Clerk Spietz then called for nominations from the floor for the office of Deputy Mayor for 2010-2011.
          Mayor Pearman nominated El Jahncke. There were no other nominations. Councilmember Jahncke was
          elected Deputy Mayor by unanimous voice vote, 7-0.

          Ms. Spietz then administered the Oath of Office to Deputy Mayor Jahncke and turned the meeting over to
          Mayor Pearman.

          Mayor Pearman spoke about how proud he is of the Council being able to make good decisions despite
          differing view on many topics and he thanked staff for all of the hard work they do to support the Council.

          Councilmember Grady thanked the boards and commissions and volunteers for all of the work they do to
          advise the Council and encouraged more citizens to get involved.

          Councilmember Grausz spoke about the election last fall and appreciated the spirited campaign. He stated
          that he looks forward to another four years and the challenges the Council faces in accomplishing its goals.

          The Council took a break at 7:20 pm. The Regular Meeting reconvened at 7:29 pm.


APPEARANCES:

Al Lippert, 4052 94th Ave SE, representing the pickle ball players at the Community Center, presented a petition
    from 19 people requesting that the City Council investigate the inferior lighting in the Community Center gym
    and allow pickle ball players to continue playing in half of the gym after their allotted time until it is needed by
    other users.




City of Mercer Island City Council Meeting Minutes                       January 4, 2010                                   1
MINUTES:

(2)       The City Clerk will review the Special Meeting Minutes of December 7, 2009 for the spelling of
          Councilmember Basset’s name, who moved and seconded for the motion for AB 4491 and the wording of
          the motion for AB 4490 made by Councilmember Grausz. The City Clerk will provide a revised set of
          minutes for approval at the January 19, 2020 meeting.


CONSENT CALENDAR:

(3)       Payables: $1,661,600.22 (12/23/09)         Payroll:   $601.255.31 (12/18/09)
                                                                $601,517.99 (12/31/09)

          It was moved by Councilmember Bassett; seconded by Councilmember Grady to:
          Approve the Consent Calendar and the recommendations contained therein.
          Motion passed 7-0.


REGULAR BUSINESS:

(4)       AB 4499             Interlocal Agreement with MISD for High School Stadium Use

          Interim Parks and Recreation Director Manny Ocampo presented the interlocal agreement with the Mercer
          Island School District for improvement, scheduling, use and operations of the Mercer Island High School
          Stadium and other facilities for consideration by the City Council.

          At the October 19, 2009 meeting the Council directed staff to work with the School District to address
          concerns about the availability of the high school’s fields for casual drop-in use. Following discussions
          between City and School District staff, the interlocal remained unchanged and Superintendent Gary Plano
          sent City Manager Rich Conrad a memo that reassures the Council and community that drop-in use will
          continue on the JV Field and field adjacent to Mary Wayte Pool and that the Stadium may be made
          available during non-school operating times (holidays, etc.), pending further consideration by District staff.

          It was moved by Councilmember Litzow; seconded by Councilmember Grady to:
          Authorize the City Manager to sign and execute the interlocal agreement between the City of Mercer
          Island and the Mercer Island School District for the improvement, scheduling, use and operation of
          the Mercer Island High School Stadium and other facilities.

          It was moved by Councilmember Cero; seconded by Councilmember Grausz to:
          Amend the previous motion as follows:
          Amend the Interlocal Agreement Section 7(F) to read:
          1. The Stadium will be secured when school is in sessionat all times. Keys for all areas shall be
              issued or other means of access provided for curriculum/program events and activities
              approved under this Agreement. The District shall provide a minimum of four (4) sets of keys to
              the City for access to Stadium areas. The City agrees not to duplicate keys issued by the
              District. The District will also issue keys to community members desiring access to the track
              for running during designated times and hours.
          Motion failed 2-5 (Councilmember Cero and Deputy Mayor Jahncke assented).

          Main motion passed 6-1 (Councilmember Cero dissented).


(5)       AB 4493             Recommended Council Actions to Reduce Underage Drinking

          Youth and Family Services Director Cindy Goodwin detailed potential roles for the City Council regarding
          reducing underage drinking on Mercer Island through Youth and Family Services’ Communities That Care
          project.




City of Mercer Island City Council Meeting Minutes                       January 4, 2010                                   2
          The potential roles included:
          1. Messaging
             A. Annual message regarding the state of reducing underage drinking on the Island and an annually
                 updated proclamation.
             B. Council Statement: Create a mantra that speaks positively about our community strengths and
                 conveys the City Council’s commitment to reducing underage drinking.
             C. Author annual Back-to-School Forum in Mercer Island Reporter.
             D. MI Quarterly Articles
             E. Publicly state to youth the City’s focus on reducing underage drinking in school papers.
             F. MI Weekly Articles:
          2. Parent Education/Information
             A. Council endorse the YFS Department creation of an Ad Hoc Parenting Committee in 2010
             B. Endorse annual Positive Parenting campaign:
          3. Fines and Fees:
             A. Staff will return with a series of options and actions that the Council can enact regarding fines and
                 fees as well as an analysis of the revenues that could be generated.
             B. Possible uses for funding future endeavors would include research into parent norms related to
                 alcohol use and general CTC support such as data gathering, message development and media
                 use.
          4. Other Council Related Activities
             A. Semi-annual invitation to YFS Advisory Board youth leader to address the Council on youth well-
                 being and reducing underage drinking.
             B. Public Forum: Conduct annual community dialogue on reducing underage drinking.
             C. CTC Annual Youth Prevention Champion Award: An award to be presented by the Mayor at the
                 end-of-year senior awards assembly at MIHS.

          It was moved by Councilmember Grady; seconded by Councilmember Litzow to:
          Adopt recommended Council options as presented in AB 4493 (listed above).

          It was moved by Councilmember Cero; seconded by Deputy Mayor Jahncke to:
          Amend the previous motion as follows:
          Adopt recommended Council options as presented in AB 4493, but delete Section 3 Fees and Fines.
          Motion failed 2-5 (Councilmember Cero and Deputy Mayor Jahncke assented).

          Main motion passed 6-1 (Deputy Mayor Jahncke dissented).

          Staff will return to the Council with specific program and budget information on the options for City Council
          involvement in reducing underage drinking on Mercer Island.


OTHER BUSINESS:

     Councilmember Absences:
        Mayor Pearman will be absent from the January 19th meeting.
        Councilmember Bassett will be absent from the February 16th meeting.

     Planning Schedule:
        Councilmember Grausz asked that an Executive Session be scheduled to discuss potential litigation.

     Board Appointments:
        There were no appointments.

     Councilmember Reports:
        There were no reports.




City of Mercer Island City Council Meeting Minutes                      January 4, 2010                                   3
ADJOURNMENT:                  8:55 pm



                                                              _______________________________
                                                                            Jim Pearman, Mayor
Attest:



_________________________________
Allison Spietz, City Clerk




City of Mercer Island City Council Meeting Minutes   January 4, 2010                        4
                             CERTIFICATION OF CLAIMS


I, the undersigned Finance Director of the City of Mercer Island, Washington, do hereby
certi~’ under penalty of perjury that the materials have been fhrnished, the services
rendered, or the labor performed as described herein and that the claims are just, due and
unpaid obligations of the City of Mercer Island, and that I am authorized to authenticate
and certi1~’ to said claims, and that all the warrants listed below in the amount of
$1,255,573.15 are approved for payment on this date.




Finance Director   gV
                     f                                       Date
                                                                    1-7-to


I, the undersigned Mayor of the City of Mereer Island, Washington, at the direction of the
City Council do hereby certii5’ that the materials or services hereinbefore specified have
been received, and that all warrant numbers listed below are approved for payment on this
date.



Mayor                                                        Date




Report                        Warrants               Date                      Amount


Check Register                140245   —   140406    01/07/10            $1,255,573.15
TOTAL                                                                    $1,255,573.15




SAFINANCE\NICKIE\LISTS Sc WORKSHEETS\COUNCIL.DOC
City ofMercer Island                                                                         Finance Department
                                        Accounts Payable Report
Check Na Check Datc Vendor Name/Descriptio               P0 #       Invoice            Invoice Dat Check Amoun
00140245 12/28/2009 KEYBANK (PHILEN)                     P61768     035387              12/09/2009        404.14
                         Grand & Benedicts fixture su
                                       -


00140246 12/28/2009 KEYBANK (MANRIQUEZ)                  P61767     035388             12/03/2009               250.00
                         Albertsons food cards for EA
                                  -


00140247 12/28/2009 PErrY CASH FUND FINANCE DEPT                    035390             12/23/2009                43.24
                         PETTY CASH REIMBURSEMENT
00140248 12/28/2009 QWEST                                           035391             12/16/2009               354.55
                         PHONE USE DECEMBER 2009
00140249 12/28/2009 COLDWELL BANKER                                 035392             12/24/2009                133.89
                         OVERPAYMENT REFUND 4 BROOK BAY
00140250 12/28/2009 PHILEN, SUZANNE                                 035393             12/23/2009                150.00
                         DISPLAY CASE FDCTURE
00140251 12/28/2009 AWC                                             035394             12/23/2009               275.60
                         JANUARY 2010
00140252 12/28/2009 HAMILTON, HILLARY                               035395             12/28/2009                194.00
                         REPLACE WARRANT 139476
00140253 12/28/2009 ROCK, R BRIAN                                   035396             12/23/2009                49.50
                         MILEAGE EXPENSE
00140254 12/28/2009 LACY, ALAN P                         P61780     035398             12/28/2009                79.20
                         LEOFF 1 Retiree Medical Expense
00140255 12/28/2009 CDW GOVERNMENT INC                   P61591     RCJ1S68/RDBO164    12/08/2009                 19.97
                         Shipping
00140256 12/28/2009 RIIOADES, LANCE                      P61647     035399             12/06/2009               750.00
                         Arts Council Classics on Film
00140257 12/28/2009 CRYSTAL AND SIERRA SPRINGS           P56467     1209               12/12/2009                104.62
                         2009 Water service for Parks
00140258 12/28/2009 CINTAS CORPORATION #460              P56396     460584388          12/29/2009                39.15
                         Rug cleaning service for Luthe
00140259 12/28/2009 ALJOYA                               P56463     035400             12/23/2009               753.00
                         Reimbursement for Landscape Se
00140260 12/28/2009 TERMINIX PROCESSING CTR              P60117     291304615          12/07/2009                 60.23
                         Garfield Landing Park pest con
00140261 12/28/2009 NORDEN, GREG                         P61775     290769             12/07/2009                28.00
                         Rental 10135 deposit return
00140262 12/28/2009 WINDERMERE                           P61773     291693             12/14/2009               300.00
                         CCMV rental 9747 deposit ret
                              -


00140263 12/28/2009 BLUM, NICKI                          P61774     291955             12/16/2009                 50.00
                         CCMV Rental 10254 deposit re
                              -


00140264 12/28/2009 MEYER,AMY                            P61776     291311             12/11/2009                 50.00
                         CCMV Rental 10132 deposit retu
00140265 12/28/2009 SAFELITE FULFILLMENT INC             P61759     00442585311        12/14/2009               264.18
                         #357, windshield, mv #00442-5
00140266 12/28/2009 TIDEWATERTACTICAL                    P60947     6339               12/18/2009             11,289.95
                         Ballistic Vests for SOT Spli
                                           -


00140267 12/28/2009 TRELSTAD TREE INC                    P60407     9912/9914/9913     12/09/2009             11,355.15
                         Contract tree work, Sept-Dec
00140268 12/28/2009 SEATTLE PUBLIC UTILITIES             P61756     W0070246           12/16/2009               200.00
                         water quality service, mv #W0
00140269 12/28/2009 SOREANO’S PLUMBING INC               P61755     30715/30717/3070   12/10/2009              1,616.11
                         LB, repair upstairs toilet, in
00140270 12/28/2009 FIRE PROTECTION INC                  P56539     66775/67244/6677   11/30/2009               325.43
                         Evidence Room Security Alarm
                                                   -


00140271 12/28/2009 STENN DESIGN                         P59528     09141              12/15/2009               712.50
                         2009 landscape assessment prog
 Date: 01/07/10                            Report Name: CouncilAP
 Time 15:56:28                                                                                      Page: 1
City ofMercer Island                                                                        Finance Department
                                       Accounts Payable Report
Check Na Check Daft Vendor NamelDescriptio             P0 #        Invoice I          Invoice Dat Check Amoun
00140272 12/28/2009 DRAIN-PRO INC                      P61760      7135/6785           10/26/2009        602.25
                        TV storm draii~ lines, mv 7135
00140273 12/28/2009 TRAFFIC SAFETY SUPPLY              P61732      923883             12/09/2009              583.31
                         3 IMPACT RECOVERY SIGN POSTS
00140274 12/28/2009 PART WORKS NC.                     P61739      272876             12/11/2009                95.95
                        TOILET PARTS
00140275 12/28/2009 RD FOWLER                          P6 1738     12646723           12/11/2009              223.52
                        HYDRANT PARTS
00140276 12/28/2009 SOUND SAFETY PRODUCTS              P61737      319921901          12/11/2009               103.97
                         SAFETY BOOTS
00140277 12/28/2009 TRAFFIC SAFETY SUPPLY              P61736      924135             12/15/2009              343.51
                        4” LETERS & NUMBERS FOR STREET
00140278 12/28/2009 GRAINGER                           P61752      914401601          12/16/2009              275.80
                        INVENTORY PURCHASES
00140279 12/28/2009 KIMMEL ATHLETIC SUPPLY CO NC       P61753      0279106/0278395    12/09/2009             1,047.13
                        CREW SWEATSHIRT (PINE/1-XLG)
00140280 12/28/2009 TUBBS, CHRISTIAN                   P61771      035401             12/23/2009             1,280.00
                        Tuition Reimbursement for Fall
00140281 12/28/2009 KC RECORDER                        P61766      035402             12/23/2009              372.00
                        Sewer Liens and Sewer Lien Rel
00140282 12/28/2009 NORTHWEST LANDSCAPE SERVICES       P58174      N000024389         11/30/2009             3,415.31
                        Open Space Vegetation Work 200
00140283 12/28/2009 OVERLAKE OIL                       P56484      01445591N          12/14/2009             2,844.86
                        Reservoir, 486g D @ 2.403 mv
00140284 12/28/2009 NORTHWEST LANDSCAPE SERVICES       P60473      1N000024390        11/30/2009             2,688.23
                        Open Space Work 2009-10 Levy
                                             -


00140285 12/28/2009 VALLEY SUPPLY CO.                  P61373      399142             11/25/2009               198.02
                        INVENTORY PURCHASES
00140286 12/28/2009 HOME DEPOT CREDIT SERVICE          P61757      022245/9132716     12/22/2009              246.40
                        LOUVER VENTS FOR LBP
00140287 12/28/2009 GRANGE SUPPLY NC                   P6 1765     561652             12/18/2009                35.02
                        MISC. WORK CLOTHES
00140288 12/28/2009 ROTH HILL ENGINEERING PARTNERS     P58509      97367              12/21/2009              991.63
                        2009 Hazard Mitigation Plan Up
00140289 12/28/2009 UPS                                P61778      0000T6781T519      12/19/2009                16.53
                        SHIPPING FEE
00140290 12/28/2009 COMPLETE OFFICE                    P61777      035404             11/30/2009             4,559.13
                        OFFICE SUPPLIES NOVEMBER 2009
00140291 12/28/2009 OVERLAKE OIL                       P56484      144649&50/144678   12/18/2009             3,643.18
                        unleaded & diesel fuel purchas
00140292 12/28/2009 ISSAQUAH CITY JAIL                 P61781      0450006340         12/17/2009             4,800.00
                        Jail Services November 2009, i
00140293 12/30/2009 RBR TACTICAL ARMOR INC             P61786      59026              11/12/2009             3,281.32
                        Ceramic Ballistic Plates for S
00140294 12/30/2009 KING COUNTY FINANCE                P61782      1552450            12/21/2009              902.98
                        Jail Services for November 200
00140295 12/30/2009 QWEST                              P61787      035406             12/20/2009             1,437.56
                        PHONE USE DECEMBER 2009
00140296 12/30/2009 SUNSET PRESS                       P61788      55515              12/17/2009             1,628.27
                        2010 Utility Rate Change Inser
00140297 12/30/2009 LN CURTIS & SONS                   P61790      207324900          12/22/2009              231.05
                        Spike Stripe, invoice #2073249
00140298 12/30/2009 UNDERWATER SPORTS NC.              P61719      226089             12/15/2009                52.56
                        Inflator repair
 Date: 01/07/10                           Report Name: CounollA?
 Time 15:56:28                                                                                     Page: 2
City of Mercer Island                                                                   Finance Department
                                        Accounts Payable Report
 Check Nc Check Daft Vendor Name/Descriptio              P0 #      Invoice       Invoice Dat Check Amoun
 00140299 12/30/2009 PREMIER CABLING LLC                 P61785    546            12/16/2009        136.88
                           installed 1 craegory 5e cable
 00140300 12/30/2009 CDW GOVERNMENT INC                  P61590    RDM7343       12/14/2009              1,476.72
                           Toshiba Portege M750-S7221 C
                                                 -


 00140301 12/30/2009 POT 0 GOLD INC                      P61789    167448        12/23/2009               398.45
                           DECEMBER COFFEE ORDER
 00140302 12/30/2009 RWBECK                              P61722    0114448       12/10/2009               640.95
                          NPDES ASSISTANCE
 00140303 12/30/2009 MI EMPLOYEES ASSOC                            035407        12/29/2009                135.00
                           PAYROLL DATED 12/31/09
 00140304 12/30/2009 FIRE ASSOCIATION                              035408        12/29/2009              1,442.70
                           PAYROLL DATED 12/31/09
 00140305 12/30/2009 GET Program                                   035409        12/29/2009               394.00
                          PAYROLL DATED 12/31/09
00140306 12/30/2009 UNITED WAY OF KING CO                          035410        12/29/2009               241.23
                          PAYROLL DATED 12/31/09
00140307 12/30/2009 ALEXANDER, DEBORAH                             035411        12/28/2009                 16.23
                          MILEAGE EXPENSE
00140308 12/30/2009 MAUHL, WADE                                    035413        12/29/2009                47.24
                           SEWER LAKE LINE PLUG EXPENSE
00140309 12/30/2009 RESERVE ACCOUNT                      P61796    035414        12/18/2009             10,000.00
                          POSTAGE MACHINE REFILL
00140310 12/30/2009 EASTSIDE EXTERMINATORS               P61795    122305        12/22/2009               216.26
                          lower perimeter spraying, mv
00140311 12/30/2009 OWEN EQUIPMENT COMPANY               P61794    55076         12/22/2009               315.73
                          PARTS FOR VEC. #3 80, mv #5507
00140312 12/30/2009 KCFINANCE                            P61793    1551793       12/16/2009             4,515.16
                          signs & markings, mv 1551793
00140313 12/30/2009 BRYAN, KAREN                         P61792    0957/0956     12/21/2009             4,317.50
                          Stormwater Conservation servic
00140314 12/30/2009 BARNETT TREE CARE                    P61598    035415        12/23/2009              7,824.25
                          South Mercer Playfields Cotton
00140315 12/30/2009 CORRECTIONAL INDUSTRIES              P61561    WCCW03427     12/18/2009               280.27
                          CCMV Shirts
00140316 12/30/2009 CSRMARINEINC                         P61799    21193         12/11/2009             13,578.00
                          Painting of Patrol #12
00140317 12/30/2009 MASTERMARK                           P61801    0545885       12/22/2009                 94.47
                          E. Robinson Notary Stamp
00140318 12/30/2009 SUBURBAN CITIES ASSOCIATION          P61802    1548          12/22/2009                43.00
                          M. Cero Networking Dinner
00140319 12/30/2009 WA ST DEPT OF PRINTING               P61800    23606/23582   12/21/2009               909.23
                          #10 ENVELOPES FOR MAILING ANNU
00140320 12/30/2009 CHEMAQUA                             P61784    588460        12/16/2009               750.35
                          WATER TREATMENT PRODUCT &/OR S
00140321 12/30/2009 HD SUPPLY WATERWORKS LTD             P61783    9712509       12/21/2009              1,039.24
                          INVENTORY PURCHASES
00140322 12/30/2009 SOUND SAFETY PRODUCTS                P61779    320032601     12/22/2009               129.76
                          SAFETY BOOTS & MISC. WORK CLOT
00140323 01/05/2010 PETTY CASH FUND FINANCE DEPT                   035418        01/05/2010               625.00
                         REPLENISH CASH FUNDS T S OPERA
00140324 01/06/2010 PROJECTA INC                         P61860    09E0Y108      01/01/2010               900.00
                          SIB Hosting Jan ito Mar 31
00140325 01/06/2010 ICMA                                 P61848    206746        01/01/2010              1,373.23
                         R. Conrad 2010 Membership Dues
 Date: 01/07/10                           Report Name: CouncilAP
 Time 15:56:28                                                                                Page: 3
City ofMercer Is!and                                                                        Finance Department
                                       Accounts Payable Report
Check Nc Check Datc Vendor Name/Descriptio                   P0 #     Invoice        Invoice flat Check Amoun
00140326 01/06/2010 HARRIS COMPUTER SYSTEMS                  P61833   MN00032801      11/30/2009      17,285.97
                         Utility Billing Software Suppo
00140327 01/06/2010 WORKSHOP CALENDAR, THE                   P61830   035419         01/04/2010                15.00
                         Annual clinical subscription
00140328 01/06/2010 MI CHAMBER OF COMMERCE                   P61837   035421         01/01/2010             1,200.00
                         MONTHLY BILLING FOR SERVICES       J
00140329 01/06/2010 NORCOM                                   P61854   2010012        01/01/2010        148,778.25
                         Fire Dispatch Oper Quarterly
                                      -


00140330 01/06/2010 SUBURBAN CITIES ASSOCIATION              P61861   1584           01/01/2010         12,718.11
                         2010 Dues Assessment
00140331 01/06/2010 WA CITIES INSURANCE AUTHORITY            P61856   1068           12/30/2009        759,282.00
                         2010 Liability Insurance
00140332 01/06/2010 ASSOCIATION OF WA CITIES                 P61857   035422         12/17/2009         15,322.23
                         2010 Annual Service Fee
00140333 01/06/2010 WASTGENERALADMIN                         P61850   18152321       01/05/2010              500.00
                         Quarterly Biling for State
00140334 01/06/2010 PUGET SOUND CLEAN AIR AGENCY             P61851   100675         11/20/2009         23,457.00
                         2010 Clean Air Assesment
00140335 01/06/2010 A-I PAINTING                             P61807   011001641      12/30/2009             6,535.03
                         painting, Community Center per
00140336 01/06/2010 ALL PHASE CONSTRUCTION                   P61825   752            12/30/2009             5,196.87
                         repaired damaged ceiling due
00140337 01/06/2010 BELLEVUE TREASURER, CITY OF              P61880   22179          12/30/2009             6,772.00
                         2009 Ortho Project
00140338 01/06/2010 CUMMINS NORTHWEST INC                    P61842   00112063       12/30/2009              398.45
                         repair generator, Booster Stat
00140339 01/06/2010 DOOR PROS                                P61808   2106/2099      12/10/2009             1,168.98
                         replace door, mv 2099, Fire
00140340 01/06/2010 EARTHCORPS INC                           P57434   2652           12/22/2009             1,348.00
                         Volunteer Management Services
00140341 01/06/2010 EVERGREEN WINDOWCLEAN1NG                 P61810   6685/6681      12/14/2009              612.19
                         window cleaning, Shop, mv #66
00140342 01/06/2010 FEDEX KINKO’S                            P61720   103800005773   12/28/2009              438.00
                         CCMV Brochures and Business
                             -


00140343 01/06/2010 FISHERIES SUPPLY                         P61803   1037150        12/18/2009               119.12
                         Repair Supplies for Patrol 11,
00140344 01/06/2010 GOLDERASSOCIATES INC                     P58399   253389         12/16/2009             4,016.00
                         2009 Groundwater Compliance
00140345 01/06/2010 IACP MEMBERSHIP
                       -                                     P61836   1620924        12/09/2009               120.00
                         Membership Renewal Dues, Membe
00140346 01/06/2010 IKON OFFICE SOLUTIONS                    P61805   5013153205     12/15/2009               163.46
                         Use charges for CCMV copier
00140347 01/06/2010 KEYBANK (CONRAD)                         P61847   011001648      12/24/2009               72.50
                         Palomino: P&R Director Intervi
00140348 01/06/2010 KEYBANK (CORDER)                         P61853   011001646      12/24/2009               48.80
                         Parks Director Interview Lunch
00140349 01/06/2010 KEYBANK (HOLMES)                         P61839   0H001650       12/24/2009               53.70
                         Lunch with Parks & Rec Directo
00140350 01/06/2010 KEYBANK (JOKINEN)                        P61840   OH001649       12/24/2009              422.02
                         Batteries for SOT
00140351 01/06/2010 KEYBANK (KASER)                          P61876   OH001647       12/24/2009                16.63
                         Business Process Review
00140352 01/06/2010 KEYBANK (LAKE)                           P61852   OH001652       12/26/2009               25.00
                         Finance Meeting Dec. 2009
 Date: 01/07/10                           Report Name: CouncilAP
 Time 15:5628                                                                                     Pagc: 4
City ofMercer Island                                                                          Finance Department
                                        Accounts Payable Report
 Check Nc Check Daft Vendor Name/Descriptio               P0 #      Invoice I          Invoice flat Check Amoun
 00140353 01/06/2010 KEYBANK (MASON)                      P61859    011001645           12/24/2009       1,778.15
                          Metro Bistro: J. Mason Fumitu
 00140354 01/06/2010 KEYBANK (SPIETZ)                     P61849    0H001651           12/24/2009               586.48
                          Amazon: Keyboard for A. Spietz
 00140355 01/06/2010 MERCER ISLAND HARDWARE-POLICE P61791           OH001644           12/31/2009                29.79
                           Silicone to repair leak on Pat
 00140356 01/06/2010 MI HIGH TIMES                        P61804    011001640          12/30/2009                25.00
                          MIHS Newspaper Subscription
00140357 01/06/2010 MI UTILITY BILLS                      P61832    OH001643           12/31/2009             19,404.09
                          Nov and Dec/09 Water Bills
00140358 01/06/2010 MOUNTAINS TO SOUND                    P57556    4                  12/31/2009              3,636.50
                          Volunteer management services
00140359 01/06/2010 NELSON TRUCK EQUIPMENT CO INC         P61397    499834             10/22/2009              6,389.23
                          Meyer ST 7.5 (7ft 6th) Steel
00140360 01/06/2010 NORTHWEST LANDSCAPE SERVICES          P58111    RC000037002&7003   12/01/2009              9,697.06
                          Landscapii~g services for Thrif
00140361 01/06/2010 OVERLAKE OIL                          P56484    01447541N          12/28/2009             2,119.92
                          unleaded & diesel fhel purchas
00140362 01/06/2010 PACIFIC EARTH WORKS INC               P61858    9MAINTENANCE       12/18/2009              1,513.68
                          Luther Burbank Plant Maintenan
00140363 01/06/2010 PACIFIC MODULAR                       P61826    11564/11565        12/21/2009               866.25
                          carpet cleaning, North fire, i
00140364 01/06/2010 PURIFIED WATER TO GO                  P61846    102510             12/31/2009                47.50
                          Bottled Water for Records, mv
00140365 01/06/2010 S&B INC                               P61844    SB22118            12/28/2009              1,920.58
                          replacement graphic panel @
00140366 01/06/2010 SAFE BOATS                            P61798    1588               12/31/2009             14,614.75
                          refurbish of Patrol 12
00140367 01/06/2010 5MB INC OF SEATTLE                    P61843    28507              12/31/2009               202.58
                          troubleshoot valve & heat @ PS
00140368 01/06/2010 SMITH, TIMOTHY A                      P61828    155                12/31/2009               900.00
                          MI-TV Computer Repairs & Maint
00140369 01/06/2010 STERLING REFERENCE LAB                P61829    F2029014&15        12/15/2009                75.16
                          Drug test fees
00140370 01/06/2010 TEC MECHANICAL SERVICES               P61809    89990/89814/8998   12/08/2009              1,757.16
                          repair replace T. stat in
                             -


00140371 01/06/2010 TETRA TECH INC                        P57253    50316392           12/16/2009             13,050.70
                         LAKE LINE CONSTRUCTION SERVICE
00140372 01/06/2010 TOTAL LANDSCAPE CORP                  P58132    44930              11/30/2009         33,170.99
                          Open Space Vegetation Work 200
00140373 01/06/2010 BAKER, DENNIS L                                 OH001659           12/26/2009                22.00
                         MILEAGE EXPENSE
00140374 01/06/2010 DRUSCHBA, JOHN F                                OH001666           12/26/2009                37.40
                         MILEAGE EXPENSE
00140375 01/06/2010 FELIX, JIM                                      0H001658           12/25/2009                26.40
                         MILEAGE EXPENSE
00140376 01/06/2010 GAVIGLIO, MIKE                                  0H001663           12/26/2009               100.58
                         MILEAGE EXPENSE
00140377 01/06/2010 I-IYATT, ROBERTS                                OHOO 1671          12/28/2009                82.09
                         MULTI DIVIDER PERSONNEL FILE
00140378 01/06/2010 KENWORTHY, LBS                                  OH001661           12/31/2009                60.00
                         DATA PACKAGE REIMB OCT/NOV2009
00140379 01/06/2010 KNIGHT, KATHLEEN                                OH001662           04/29/2009                197.99
                         MILEAGE EXPENSE
 Date: 01/07/10                            Report Name: CouncilAP
 Time 15:56:28                                                                                      Page: 5
City ofMercer Island                                                                  Finance Department
                                       Accounts Payable Report
Check No Check Daft Vendor Namelflescriptio             P0 #       Invoice     Invoice Dat Cheek Amoun
00140380 01/06/2010 LOGSDON, SCOTT                                 0H001656     01/05/2010        150.00
                         MEDICAL DEDUCT REIMB 2009
00140381 01/06/2010 MOLTZ, ERIC                                    011001667   12/26/2009                28.60
                         MILEAGE EXPENSE
00140382 01/06/2010 NEXTEL WEST CORP                               011001655   12/30/2009             5,250.94
                         CELL PHONE USE 11/27-12/26
00140383 01/06/2010 QWEST                                          011001654   12/23/2009             2,022.41
                         PHONE USE DECEMBER 2009
00140384 01/06/2010 RAASCH, JANA                                   0H001660    12/29/2009                 7.16
                         MILEAGE EXPENSE
00140385 01/06/2010 SANDSTROM, DONALD                              0H001670    12/19/2009              208.01
                         BATTERY CARTRIDGE/MIRO COMM FA
00140386 01/06/2010 WALKER JR., RUDY                               0H001665    12/26/2009                85.80
                         MILEAGE EXPENSE
00140387 01/06/2010 WILLING, ROBERT                                0H001664    12/26/2009                86.34
                         MILEAGE EXPENSE
00140388 01/07/2010 CAMPOS, JOSEPHINE                              035424      01/01/2010             2,479.00
                         FLEX SPEND ACCT REIMB 1/15/10
00140389 01/07/2010 JIJDD,JOLENE                                   035425      01/06/2010                32.74
                         OFFICE SUPPLY STORAGE CONTAINE
00140390 01/07/2010 AUSTIN, RAY                                    0H001675    01/07/2010              766.12
                         FLEX SPEND ACCT REIMB 12/31/09
00140391 01/07/2010 BARNES, HARVEYL                                011001673   01/07/2010               192.31
                         FLEX SPEND ACCT REIMB 12/31/09
00140392 01/07/2010 COOK, JASON                                    0H001674    01/07/2010               192.31
                         FLEX SPEND ACCT REIMB 12/31/09
00140393 01/07/2010 GARRETT, BRET                                  0H001679    01/07/2010              999.96
                         FLEX SPEND ACCT REIMB 12/31/09
00140394 01/07/2010 GROSCOST, CURTIS E                             0H001676    01/07/2010               192.31
                         FLEX SPEND ACCT REIMB 12/31/09
00140395 01/07/2010 HEITMAN, STEVE                                 011001690   12/21/2009                10.00
                         PARKING FEE
00140396 01/07/2010 HOLMES, EDWARD J                               011001682   01/07/2010              754.00
                         FLEX SPEND ACCT REIMB 12/31/09
00140397 01/07/2010 KENWORTHY, LES                                 011001683   01/07/2010              218.08
                         FLEX SPEND ACCT REIMB 12/31/09
00140398 01/07/2010 KNOTT, KENNETH                                 OH001684    01/07/2010              468.61
                         FLEX SPEND ACCT REIME 12/31/09
00140399 01/07/2010 LOGSDON, SCOTT                                 0H001685    01/07/2010             2,149.94
                         FLEX SPEND ACCT REIMB 12/31/09
00140400 01/07/2010 MCWATTERS, BRIAN                               011001686   01/07/2010               813.00
                         FLEX SPEND ACCT REIMB 12/31/09
00140401 01/07/2010 MOLTZ, ERIC                                    0H001681    01/07/2010              235.42
                         FLEX SPEND ACCT REIMB 12/31/09
00140402 01/07/2010 QUINN, THOMAS                                  011001687   01/07/2010               605.40
                         FLEX SPEND ACCT REIMB 12/31/09
00140403 01/07/2010 RAASCH, lANA                                   011001688   01/07/2010               750.00
                         FLEX SPEND ACCT REIMB 12/31/09
00140404 01/07/2010 SAUNDERS, TRAVIS                               OH001678    01/07/2010               192.31
                         FLEX SPEND ACCT REIMB 12/31/09
00140405 01/07/2010 TUTTLE, LAJUAN                                 OH001680    01/07/2010               192.31
                         FLEX SPEND ACCT REIMB 12/31/09
00140406 01/07/2010 WILSON, TODD R                                 OH001689    01/07/2010               499.98
                         FLEX SPEND ACCT REIMB 12/31/09
 Date: 01107/10                           Report Name: CouncilAP
 Time 15:56:28                                                                              Page: 6
City ofMercer Island                                                                        Finance Department
                                          Accounts Payable Report
Check Na Check Daft Vendor Namelflescriptio                     P0 #   Invoice I      Invoice Dat Check Amoun

                                                                                   Total           1,255,573.15




Date: 01101110                                RepcztName: CounciL4P
Time 15:56:28                                                                                   Page: 7
City of Mercer Island                                                                                            Finance Department
                                                     Accounts Payable Report
    P0 #           Check #            Vendor                                    Transaction Descriptioi                 Check Amoun

    Org Key:       001000    -   General Fund-A dm1,, Key
                   00140323        PErrY CASH FUND FINANCE DEPT                 REPLENISH CASH FUNDS T S OPERA                     625.00
    P6 1773        00140262        WINDERIvIERE                                 CCMV rental 9747 deposit ret
                                                                                       -                                           300.00
                   00140252        HAMILTON, HILLARY                            REPLACE WARRANT 139476                             194.00
    P6 1774        00140263        BLUM, NICKI                                  CCMV Rental 10254 deposit re
                                                                                       -                                            50.00
    P61776         00140264        MEYER, AMY                                   CCMV Rental 10132 deposit reW                       50.00
    P61775         00140261        NORDEN, GREG                                 Rental 10135 deposit return                         28.00

    Org Key:       402000    -   Water Fund-Admin Key
    P61783         00140321        RD SUPPLY WATERWORKS LTD                     INVENTORY PURCHASES                           1,039.24
    P61752         00140278        GRAINGER                                     INVENTORY PURCHASES                             275.80
    P61373         00140285        VALLEY SUPPLY CO.                            INVENTORY PURCHASES                             198.02
    P61732         00140273        TRAFFIC SAFETY SUPPLY                        INVENTORY PURCHASES                             188.94
                   00140249        COLDWELL BANKER                              OVERPAYMENT REFUND 4 BROOK]                     133.89

    Org Key: 814072    United Way
                             -


              00140306   UNITED WAY OF KING CO                                  PAYROLL DATED 12/31/09                             241.23

    Org Key: 814075    Mercer Island Emp Association
                             -


              00140303   MI EMPLOYEES ASSOC                                     PAYROLL DATED 12/31/09                             135.00

    Org Key: 814078    Fire Fighters Association
                             -


              00140304    FIRE ASSOCIATION                                      PAYROLL DATED 12/31/09                        1,442.70

    Org Key: 814083    Vol L~e Ins States West LV
                             -             -


              00140251   AWC                                                    JANUARY2010                                        275.60

    Org Key: 814085    GET Program Deductions
                             -


              00140305   GET Program                                            PAYROLL DATED 12/31/09                             394.00

    Org Key: CAIJOO Administration (CA)
                             -


    P61777   00140290 COMPLETE OFFICE                                           OFFICE SUPPLIES NOVEMBER2009                       207.70
             00140379 KNIGHT, KATHLEEN                                          MILEAGE EXPENSE                                    197.99
             00140382 NEXTEL WEST CORP                                          CELL PHONE USE 11/27-12/26                          59.18
    P61801   00140317 MASTERMARK                                                E. Robinson Notary Stamp                            47.24

    Org Key: CMJIOO Administration (CM)
                             -


    P61848   00140325 ICMA                                                      R. Conrad 2010 Membership Dues                1,373.23
    P61777   00140290 COMPLETE OFFICE                                           OFFICE SUPPLIES NOVEMBER2009                    205.44
             00140382 NEXTEL WEST CORP                                          CELL PHONE USE 11/27-12/26                      111.81
    P61849   00140354 KEYBANK (SPIETZ)                                          Amazon: Keyboard forA. Spietz                    36.48

    Org Key:   CMI400 Communications
                             -


    P61828     00140368 SMITH, TIMOTHY A                                        MI-TV Cable Operator Dec 2009                      750.00
    P6 1828    00140368 SMITH, TIMOTHY A                                        MI-TV Computer Repairs & Maint                     150.00
    P61804     00140356 MI HIGH TIMES                                           MIHS Newspaper Subscription                         25.00

    Org Key: C06100 City Council
                             -


    P61849   00140354  KEYBANK (SPIETZ)                                         Salish Lodge: Deposit for 2010                     550.00
             00140382  NEXTEL WEST CORP                                         CELL PHONE USE 11/27-12/26                          52.74
    P61802   00140318  SUBURBAN CITIES ASSOCIATION                              M. Cero Networking Dinner                           43.00
    P61846   00140364  PURIFIED WATER TO GO                                     Water for Caucus Room                                4.75

    Org Key: CR1100          -   CORe Admin and Human Resources
  Date: 01/07/10                                       ReportName: CounciIAPS
  Time 15:57:32                                                                                                          Page: 1
City oJMercer Island                                                                                              flnance Department
                                                Accounts Payable Report
    P0 #           Check if         Vendor                                     Transaction flescriptioi                  Check Amoun

    P61771         00140280       TUBBS, CHRISTIAN                             Tuition Reimbursement for Fall                    640.00
                   00140382       NEXTEL WEST CORP                             CELL PHONE USE 11/27-12/26                        163.18
    P61777         00140290       COMPLETE OFFICE                              OFFICE SUPPLIES NOVEMBER 2009                      46.86

    Org Key: CTIIOO Municipal Court
                              -


             00140382 NEXTEL WEST CORP                                         CELL PHONE USE 11/27-12/26                         50.00
    P61777   00140290 COMPLETE OFFICE                                          OFFICE SUPPLIES NOVEMBER 2009                      39.90

    Org Key: DSIIOO Administration (DS)
                              -


             00140382 NEXTEL WEST CORP                                         CELL PHONE USE 11/27-12/26                        132.51
    P6 1779  00140322 SOUND SAFETY PRODUCTS                                    SAFETY BOOTS & MISC. WORK CLO                     129.76
    P61753   00140279 KIMMEL ATHLETIC SUPPLY CO INC                            HOODED SWEATSHIRT-ZIPPERED                         31.48
    P6 1753  00140279 KIMMEL ATHLETIC SUPPLY CO INC                            SILK SCREEN CHARGE (CITY OF ME                      3.91

    Org Key: DSI200 Bldg Plan Review & Inspection
                              -


    P6 1590   00140300 CDW GOVERNMENT NC                                       Toshiba Portege M750-S7221 C   -               1,378.61
    P61590    00140300 CDW GOVERNMENT NC                                       Toshiba memory -2 GB SO DIM-                      75.56
             00140382  NEXTEL WEST CORP                                        CELL PHONE USE 11/27-12/26                        50.33
    P6 1590  00140300  CDW GOVERNMENT NC                                       shipping                                          22.55

    Org Key: DSI300 Land Use Planning Svc
                              -


              00140382 NEXTEL WEST CORP                                        CELL PHONE USE 11/27-12/26                         51.42

    Org Key: DS1400 Development Engineering
                              -


    P61722    00140302 RWBECK                                                  NPDES ASSISTANCE                                  640.95
              00140382 NEXTEL WEST CORP                                        CELL PHONE USE 11/27-12/26                        114.88
    P6 1753  00140279  KIMMEL ATHLETIC SUPPLY CO NC                            HOODED SWEATSHIRT (SPORT GRA                       19.16
    P6 1753  00140279  KIMMEL ATHLETIC SUPPLY CO NC                            SILK SCREEN CHARGE (CITY OF ME                     15.41
    P6 1753  00140279  KIMMEL ATHLETIC SUPPLY CO NC                            TEE SHIRT (NAVY/2-XLG)                             12.26
    P6 1753  00140279  KIMMEL ATHLETIC SUPPLY CO NC                            TEE SHIRT LONG SLEEVE (LIGHT                       11.77

    Org Key: DS4SSO    Utility Inspection (Clearing)
                              -


              00140382   NEXTEL WEST CORP                                      CELL PHONE USE 11/27-12/26                         84.76

   Org Key: FNIJOO Administration (FN)
                              -


   P6 1777   00140290 COMPLETE OFFICE                                       OFFICE SUPPLIES NOVEMBER 2009                        163.09
            00140382  NEXTEL WEST CORP                                      CELL PHONE USE 11/27-12/26                            81.14
   P6 1852  00140352  KEYBANK (LAKE)                                      • Finance Meeting Dec. 2009                             25.00
   P56690   00140364  PURIFIED WATER TO GO                                  MONTHLY DRINKING WATER CITY                           19.00
   P61778   00140289  UPS                                                   SHIPPING FEE                                          16.53

   Org Key:    FN4SO1    Utility Billing (Water)
                              -


   P61833       00140326    HARRIS COMPUTER SYSTEMS                            Utility Billing Software Suppo                 5,761.99
   P61788       00140296    SUNSET PRESS                                       2010 Utility Rate Change Inser                   542.76
   P61753       00140279    KIMMEL ATHLETIC SUPPLY CO            NC            PULLOVER FLEECE (NAVY/1-XLG)                      15.88
   P6 1753     00140279     KIMMEL ATHLETIC SUPPLY CO            NC            HOODED SWEATSHIRT-ZIPPERED                        15.75
   P6 1753     00140279     KIMMEL ATHLETIC SUPPLY CO            NC            EMBROIDERY CHARGE (CITY OF Ml                      4.09
   P6 1753     00140279     KIMMEL ATHLETIC SUPPLY CO            NC            SILK SCREEN CHARGE (CITY OF ME                     1.84

   Org Key:    FN4502 Utility Billing (Sewer)
                              -


   P61833       00140326 HARRIS COMPUTER SYSTEMS                               Utility Billing Software Suppo                 5,761.99
   P6 1788      00140296 SUNSET PRESS                                          2010 Utility Rate Change Inser                    542.76
   P6 1766     00140281  KC RECORDER                                           Sewer Liens and Sewer Lien Rel                    372.00
   P61753      00140279  KIMMEL ATHLETIC SUPPLY CO INC                         PULLOVER FLEECE (NAVY/1-XLG)                       15.88
  Date: 01/07/10                                     Report Name: CounciIAPS
  Time 1S:57S2                                                                                                            hg~2
       _S~X_—.-_--   T_’.___2                                                                                            r’,.   —~ ——
city   uj lvi eruer nzu’Iu                                                                                               F t’IU’ICC neput~ne~ii
                                                             Accounts Payable Report
       P0 #           Check #             Vendor                                        Transaction Descriptioi                     Check Amoun
       P6 1753       00140279          KIMMEL ATHLETIC SUPPLY Co INC                    HOODED SWEATSHIRT-ZIPPERED                                 15.73
       P6 1753       00140279          KIMMEL ATHLETIC SUPPLY CO INC                    EMBROIDERY CHARGE (CITY OF Ml                               4.07
       P61753        00140279          KIMMEL ATHLETIC SUPPLY CO INC                    SILK SCREEN CHARGE (CITY OF ME                              1.84

       Org Key: FN4503    Utility Billing (Storm)
                                -


       P6 1833   00140326    HARRIS COMPUTER SYSTEMS                                    Utility Billing Software Suppo                       5,761.99
       P61788    00140296    SUNSET PRESS                                               2010 Utility Rate Change Inser                         542.75

       Org Key:      FNBEOI Financial Services
                                -


       P61837        00140328  MI CHAMBER OF COMMERCE                                   MONTHLY BILLING FOR SERVICES;                        1,200.00
       P61800        00140319  WA ST DEPT OF PRINTING                                   #10 ENVELOPES FOR MAILING ANN]                         477.76
       P61800        00140319  WA ST DEPT OF PRINTING                                   #9 ENVELOPES FOR MAILING ANNU                          431.47

       Org Key: FRIIOO Administration (FR)
                                -


       P61755   00140269 SOREANO’S PLUMBING INC                                         N Fire, repair leak in apparat                            197.10
       P61787   00140295 QWEST                                                          PHONE USE DECEMBER 2009                                    41.88
                00140389 JUDD, JOLENE                                                   OFFICE SUPPLY STORAGE CONTAE’                              32.74
                00140395 HEITMAN, STEVE                                                 PARKING FEE                                                10.00

       Org Key: FRI2O() Fire Marshal
                                -


                 00140382  NEXTEL WEST CORP                                             CELL PHONE USE 11/27-12/26                                 79.75

       Org Key: FR2100 Fire Operations
                                -


       P61855    00140329 NORCOM                                                        Fire Dispatch Oper Quarterly
                                                                                                            -                              30,789.50
                 00140382 NEXTEL WEST CORP                                              CELL PHONE USE 11/27-12/26                            208.05
                 00140378 KENWORTHY, LES                                                DATA PACKAGE REIMB OCT/NOV2O                           60.00

       Org Key: FR4JO() Training-


       P61771    00140280 TLJBBS, CHRISTIAN                                             Tuition Reimbursement for Fall                            640.00

       Org Key:      GGIOOI   General Government-Insurance
                                -


       P61856        00140331   WA CITIES INSURANCE AUTHORITY                           2010   Liability Insurance                        642,453.00
       P61856        00140331   WA CITIES INSURANCE AUTHORITY                           2010   Property Insurance                          88,569.00
       P61856        00140331   WA CITIES INSURANCE AUTHORITY                           2010   Boiler& Machinery                            3,647.00
       P61856        00140331   WA CITIES INSURANCE AUTHORITY                           2010   Crime/Fidelity                               2,201.00

       Org Key:      GGMOOI General Government-Misc
                                -


       P61860        00140324 PROJECT A INC                                             SIB Hosting Jan ito Mar 31                                900.00
       P6 1789       00140301 POT 0’ GOLD INC                                           DECEMBER COFFEE ORDER                                     398.45
       P61850        00140333 WASTGENERALADMIN                                          Quarterly Biling for State                                250.00
       P6 1847       00140347 KEYBANK (CONRAD)                                          Palomino: P&R Director Intervi                             72.50
       P61859        00140353 KEYBANK (MASON)                                           Bennett’s: P&R Director Interv                             58.15
       P61839        00140349 KEYBANK (HOLMES)                                          Lunch with Parks & Rec Directo                             53.70
       P61853        00140348 KEYBANK (CORDER)                                          Parks Director Interview Lunch                             48.80

       Org Key: GGMOO4 Gen Govt-Office Support
                                -


       P61796   00140309 RESERVE ACCOUNT                                                POSTAGE MACHINE REFILL                              10,000.00
       P61777   00140290 COMPLETE OFFICE                                                OFFICE SUPPLIES NOVEMBER 2009                        1,076.76

       Org Key: GGMOOS Genera Govt-LI Retiree Costs
                                -


       P61780   00140254 LACY, ALAN P                                                   LEOFFI Retiree Medical Expense                             79.20

       Org Key:      GX9997     -   Employee Benefits-Fire
                     00140380         LOGSDON, SCOTT                                    MEDICAL DEDUCT REIMB 2009                                 150.00

  Date: 01/07/10                                              Report Name: CounciIAP5
  Time 15:57:32                                                                                                                         Page: 3
City ofMercer Island                                                                                        Finance Department
                                              Accounts Payable Report
    P0 #           Check #       Vendor                                    Transaction flescriptioi                Check Amonn

    Org Key: IGMAUJ Air Pollution Control/Assess
                             -


    P61851    00140334 PUGET SOUND CLEAN AIR AGENCY                        2010 Clean Air Assesment                    23,457.00

    Org Key: IGVOOI AWCAssessment
                             -


    P61857    00140332 ASSOCIATION OF WA CITIES                            2010 Annual Service Fee                      15,322.23

    Org Key: 1GV008 Suburban Cities Association
                             -


    P61861    00140330 SUBURBAN CITIES ASSOCIATION                         2010 Dues Assessment                         12,718.11

    Org Key: 152100    16’S Network Administration
                             -


    P61787    00140295    QWEST                                            PHONE USE DECEMBER2009                        1,143.34
              00140383    QWEST                                            PHONE USE DECEMBER2009                        1,015.55
              00140382    NEXTEL WEST CORP                                 CELL PHONE USE 11/27-12/26                      306.32
              00140248    QWEST                                            PHONE USE DECEMBER 2009                         295.13
    P61876    00140351    KEYBANK (KASER)                                  Business Process Review                          16.63

    Org Key:       MT2100 Roadway Maintenance
                             -


    P6 1736        00140277 TRAFFIC SAFETY SUPPLY                          4” LETERS & NUMBERS FOR STREE]                     302.78
    P6 1732        00140273 TRAFFIC SAFETY SUPPLY                          3 IMPACT RECOVERY SIGN POSTS                       247.64
    P6 1732        00140273 TRAFFIC SAFETY SUPPLY                          2)1/2” X 100’ 55 BANDING                           146.73
    P61736         00140277 TRAFFIC SAFETY SUPPLY                          2” LETTERS FOR STREET SIGNS (2                      40.73

    Org Key: MT2255 Urban Forest Management (ROW)
                             -


    P60407   00140267 TRELSTAD TREE INC                                    contracted removal of maples @                9,855.00
    P60407   00140267 TRELSTAD TREE INC                                    Contract tree work, Sept-Dec                  1,500.15
             00140382 NEXTEL WEST CORP                                     CELL PHONE USE 11/27-12/26                       28.87

    Org Key: MT2300 Planter Bed Maintenance
                             -


    P61832   00140357  MI UTILITY BILLS                                    Nov and Dec/09 Water Bills                    1,038.31

   Org Key: MT2500 ROWAdministration
                             -


   P61737   00140276 SOUND SAFETY PRODUCTS                                 SAFETY BOOTS                                       103.97
            00140253 ROCK, R BRIAN                                         MILEAGE EXPENSE                                     49.50
   P6 1765  00140287 GRANGE SUPPLY INC                                     MISC. WORK CLOTHES                                  35.02
   P6 1753  00140279 KIMMEL ATHLETIC SUPPLY CO INC                         TEE SHIRT (NAVY/2-MED,4-LG,9-X                      12.88
   P61777   00140290 COMPLETE OFFICE                                       OFFICE SUPPLIES NOVEMBER2009                         9.09
   P61753   00140279 KIMMEL ATHLETIC SUPPLY CO INC                         SILK SCREEN CHARGE (MAINTENAI                        8.25

   Org Key:    MT3IOO Water Distribution
                             -


   P56484      00140283 OVERLAKE OIL                                       Reservoir, 486g D @ 2.403 mv                  2,844.86
   P56484      00140291 OVERLAKE OIL                                       Reservoir, 486g D @2.403 mv                   1,167.72
   P6 1832     00140357 MI UTILITY BILLS                                   Nov and Dec/09 Water Bills                      249.92
   P61738      00140275 H D FOWLER                                         HYDRANT PARTS                                   223.52

   Org Key:    MT3200 Water Pumps
                             -


   P61844      00140365 S&B INC                                            replacement graphic panel @                   1,920.58
   P61842      00140338 CUMMINS NORTHWEST INC                              repair generator, Booster Stat                  398.45
   P61756      00140268 SEATI’LE PUBLIC UTILITIES                          water quality service, mv #W0                   200.00
   P6 1757     00140286 HOME DEPOT CREDIT SERVICE                          MATERIALS TO SEAL OFF WALL AT                    87.36
               00140248 QWEST                                              PHONE USE DECEMBER2009                           59.42

   Org Key: MT3300 Water Associated Costs
                             -


   P61832   00140357 MI UTILITY BILLS                                      Nov and Dec/09 Water Bills                          65.08
   P61753   00140279 KIMMEL ATHLETIC SUPPLY CO INC                         TEE SHIRT (NAVY/2-MED,4-LG,9-X                      36.49
  Date: 01/07/10                                ReportName:   CouneiIAP5
  Time 15:57:32                                                                                                     Page: 4
City ofMercer Island                                                                                             Finance Department
                                               t1A..~AJL111fl L   ajaJJA-    fl.99U1 L



    pO#            Check#         Vendor                                    Transaction Descriptioi                     Check Amoun
                   00140387     WILLING, ROBERT                             MILEAGE EXPENSE                                         25.30
    P6 1753        00140279     KIMMEL ATHLETIC SUPPLY CO INC               SILK SCREEN CHARGE (MAINTENAI                           23.37

    Org Key: MT3400 Sewer Collection
                            -


    P61832   00140357 MI UTILITY BILLS                                      Nov and Dec/09 Water Bills                             275.28

    Org Key: MT3SOO Sewer Pumps
                            -


              00140383 QWEST                                                PHONE USE DECEMBER 2009                           1,006.86
    P61832    00140357 MI UTILITY BILLS                                     Nov and Dec/09 Water Bills                          545.24
    P6 1843   00140367 SME INC OF SEATI’LE                                  troubleshoot valve & heat ~ P5                      202.58

    Org Key: MT3600 Sewer Associated Costs
                            -


    P6 1777  00140290  COMPLETE OFFICE                                      OFFICE SUPPLIES NOVEMBER 2009                           59.03
             00140308  MAUHL, WADE                                          MILEAGE EXPENSE                                         33.00
             00140381  MOLTZ, ERIC                                          MILEAGE EXPENSE                                         28.60
             00140382  NEXTEL WEST CORP                                     CELL PHONE USE 11/27-12/26                              25.00
             00 140308 MAUHL, WADE                                          SEWER LAKE LINE PLUG EXPENSE                            14.24
    P6 1753  00140279  KIMMEL ATHLETIC SUPPLY CO INC                        TEE SHIRT (NAVY/2-MED,4-LG,9-X                          12.88
    P6 1753  00140279  KIMMEL ATHLETIC SUPPLY CO INC                        SILK SCREEN CHARGE (MAINTENAI                            8.25

    Org Key: MT3800 Storm Drainage
                            -


    P6 1760  00140272  DRAIN-PRO INC                                        TV storm drain lines, mv 7135                          602.25
    P61832   00140357  MI UTILITY BILLS                                     Nov and Dec/09 Water Bills                              65.08

    Org Key: MT4IOI Support Services Ge,: eral Fd
                            -              -


    P6 1777  00140290 COMPLETE OFFICE                                       OFFICE SUPPLIES NOVEMBER 2009                           79.04

    Org Key: MT4150 Support Services Clearing
                            -              -


             00140382  NEXTEL WEST CORP                                     CELL PHONE USE 11/27-12/26                        1,265.01
    P61777   00 140290 COMPLETE OFFICE                                      OFFICE SUPPLIES NOVEMBER 2009                        34.86
    P61753   00140279  KIMMEL ATHLETIC SUPPLY             CO   INC          PULLOVER FLEECE (GRAY HEATHE                         31.76
    P61753   00140279  KIMMEL ATHLETIC SUPPLY             CO   INC          TEE SHIRT (NAVY/2-MED,4-LG,9-X                       23.61
    P61753   00140279  KIMMEL ATHLETIC SUPPLY             CO   INC          SILK SCREEN CHARGE (MAINTENAI                        15.12
    P61753   00140279  KIMMEL ATHLETIC SUPPLY             CO   INC          EMBROIDERY CHARGE (MAINTENA                           8.08

   Org Key:    MT4200 Building Services
                            -


   P61832      00140357 MI UTILITY BILLS                                    Nov and Dec/09 Water Bills                        7,277.38
   P61825      00140336 ALL PHASE CONSTRUCTION                              repaired damaged ceiling duet                     5,196.87
   P61809      00140370 TEC MECHANICAL SERVICES                             repair replace T. stat in
                                                                                  -                                             736.93
   P61755      00140269 SOREANO’S PLUMBING INC                              N Fire, repair leak in apparat                      703.54
   P61784      00140320 CHEMAQUA                                            WATER TREATMENT PRODUCT &/O                         750.35
   P6 1826     00140363 PACIFIC MODULAR                                     carpet cleaning, City Hall, in                      535.50
   P61826      00140363 PACIFIC MODULAR                                     carpet cleaning, North fire, i                      330.75
   P61755      00140269 SOREANO’S PLUMBING INC                              Shop, repair janitors sink, in                      288.42
   P61795      00140310 EASTSIDE EXTERMINATORS                              lower perimeter spraying, mv                        216.26
   P61810      00140341 EVERGREEN WINDOW CLEANING                           window cleaning, Shop, mv #66                       106.30
   P61739      00140274 PART WORKS INC.                                     TOILET PARTS                                         95.95
   P56539      00140270 FIRE PROTECTION INC                                 Evidence Room Security Alarm     -                   84.75

   Org Key:    MT4300 Fleet Services
                            -


   P61856      00140331  WA CITIES INSURANCE AUTHORITY                      2010 Auto Physical Damage                       22,412.00
   P56484      00140291  OVERLAKE OIL                                       unleaded & diesel fuel purchas                   2,475.46
   P56484      00140361  OVERLAKE OIL                                       unleaded & diesel fuel purchas                   2,119.92

  Date: 01107/10                                 Repoat Name: CouncIIAPS
  Time 15:57:32                                                                                                          Page: 5
City ofMercer Island                                                                                          Finance Department
                                               Accounts Payable Report
    P0 #           Check #         Vendor                                    Transaction Descriptioi                 Check Amoun
    P6 1794        00140311      OWEN EQUIPMENT COMPANY                      PARTS FOR VEC. #3 80, mv #5507                     315.73
    P61759         00140265      SAFELITE FULFILLMENT INC                    #357, windshield, mv #00442-5                      264.18
    P61850         00140333      WA ST GENERAL ADMIN                         Quarterly Biling for State                         250.00

    Org Key:       MT4450 Gist Resp Clearing Acct
                             -           -


    P61753         00140279 KIMMEL ATHLETIC SUPPLY       CO    INC           CREW SWEATSHIRT (PINE/1-XLG)                        31.76
    P61753         00140279 KIMMEL ATHLETIC SUPPLY       CO    INC           EMBROIDERY CHARGE (MAINTENA                         16.39
    P61753         00140279 KIMMEL ATHLETIC SUPPLY       CO    INC           TEE SHIRT (NAVY/2-MED,4-LG,9-X                      12.88
    P6 1753        00140279 KIMMEL ATHLETIC SUPPLY       CO    INC           SILK SCREEN CHARGE (MAINTENAI                        8.25

    Org Key:       MT4501 Water Administration
                             -


    P58509         00140288 ROTH HILL ENGINEERING PARTNERS                   2009 Hazard Mitigation Plan Up                     991.63
    P56539         00140270 FIRE PROTECTION INC                              Reservoir Security Alarm mv -                       84.75
    P6 1787        00140295 QWEST                                            PHONE USE DECEMBER 2009                             43.00

    Org Key: MT4503 Storm Water Administration
                             -


    P61792   00140313  BRYAN, KAREN                                          Stormwater Conservation servic                1,917.50

    Org Key: MT4800 Water Conservation
                             -


    P61792   00140313 BRYAN, KAREN                                           Landscape Conservation Service                2,400.00

    Org Key: MT4900 Solid Waste
                             -


    P59528   00140271 STENN DESIGN                                           2009 landscape assessment prog                     712.50

    Org Key: P01100 Administration (P0)
                             -


              00140382 NEXTEL WEST CORP                                      CELL PHONE USE 11/27-12/26                         775.78
    P61836    00140345 IACP MEMBERSHIP
                                     -                                       Membership Renewal Dues, Membe                     120.00
              00140382 NEXTEL WEST CORP                                      CELL PHONE USE 11/27-12/26                          50.83
    P61801    00140317 MASTERMARK                                            S. Hyatt Notary Stamp                               47.23

    Org Key: P01200 Administration (CJ-P0)
                             -


    P60947    00140266 TIDEWATER TACTICAL                                    Ballistic Vests for SOT Spli
                                                                                                     -                     9,000.00

    Org Key: P01350 Police Emergency Management
                             -


              00140385 SANDSTROM, DONALD                                     BAT]EERY CARTRIDGE/MIRO COMM                       208.01

   Org Key:    P01700 Records and Property
                             -


   P6 1777      00140290 COMPLETE OFFICE                                     OFFICE SUPPLIES NOVEMBER 2009                      419.91
   P61591       00140255 COW GOVERNMENT INC                                  3M Ergonomic Mouse EMSSOGPS Sm                      69.82
   P61838       00140364 PURIFIED WATER TO GO                                Bottled Water for Records, mv                       23.75
   P61591       00140255 COW GOVERNMENT INC                                  Shipping                                             8.27
   P61591       00140255 CDWGOVERNMENTINC                                    Tax                                                  7.41
   P61591       00140255 COW GOVERNMENT INC                                  Credit Memo CDW RCJ1868                            -65.53

   Org Key: P01800 Contract Dispatch Police
                             -


   P61854    00140329 NORCOM                                                 Police Dispatch Oper Quarter
                                                                                                 -                      116,148.00

   Org Key: P01900 Jail/Home Monitoring
                             -


   P61781    00140292 ISSAQUAH CITY JAIL                                     Jail Services November 2009, i                4,800.00
   P61782    00140294 KING COUNTY FINANCE                                    Jail Services for November 200                  902.98

   Org Key: P02100 Patrol Division
                             -


   P61777    00140290 COMPLETE OFFICE                                        OFFICE SUPPLIES NOVEMBER2009                       860.13
   P61790    00140297 LN CURTIS & SONS                                       Spike Stripe, invoice #2073249                     231.05

  Date: 01/07/Ia                                 ReportName:   CorniciIAP5
  Time 15:57:32                                                                                                       Page: 6
City ofMercer Island                                                                                             Fin once Department
                                                    Accounts Payable Report
    P0 #           Check #            Vendor                                    Transaction Descriptioi                 Check Amoun
    P61840         00140350        KEYBANK (JOKINEN)                            Bolt Cutters & Sledge Hammers                       218.67
    P6 1840        00140350        KEYBANK (JOKINEN)                            Thumb Drives for Sector Ticket                      105.00
    P61791         00140355        MERCER ISLAND HARDWARE-POLICE                New Plug for Tahoe Extension C                        8.56

    Org Key:       P02200 Marine Patrol
                             -


    P61798          00140366 SAFE BOATS                                         refhrbish of Patrol 12                        14,614.75
    P61799          00140316 CSR MARINE INC                                     PalMing ofPatrol #12                          13,578.00
    P61803          00140343 FISHERIES SUPPLY                                   Repair Supplies for Patrol 11,                   119.12
                    00140382 NEXTEL WEST CORP                                   CELL PHONE USE 11/27-12/26                        86.00
    P61791          00140355 MERCER ISLAND HARDWARE-POLICE                      Supplies for Marine Patrol, in                    15.72
    P61791          00140355 MERCER ISLAND HARDWARE-POLICE                      Silicone to repair leak on Pat                     5.51

    Org Key: P02201 Dive Team-


    P61719    00140298 UNDERWATER SPORTS INC.                                   Inflator repair                                      52.56

    Org Key:       P02400 Special Operations Team (C.!)
                             -


    P61786          00140293 RBR TACTICAL ARMOR INC                             Ceramic Ballistic Plates for S                 3,281.32
    P60947          00140266 TIDEWATER TACTICAL                                 Ballistic Vests for STO Spli
                                                                                                        -                      2,289.95
    P61840          00140350 KEYBANK (JOKINEN)                                  Batteries for SOT                                 98.35

    Org Key: P04200 Training (CJ)
                             -


              00140377 HYATT, ROBERTS                                           MULTI DIVIDER PERSONNEL FILE                         82.09

    Org Key: PRIIOO Administration (PR)
                             -


    P61777    00140290 COMPLETE OFFICE                                          OFFICE SUPPLIES NOVEMBER 2009                       533.07
              00140382 NEXTEL WEST CORP                                         CELL PHONE USE 11/27-12/26                          160.06
              00140307 ALEXANDER, DEBORAH                                       MILEAGE EXPENSE                                      16.23
              00140247 PETTY CASH FUND FINANCE DEPT                             PErrY CASH REIMBURSEMENT                              6.48
              00140247 PETtY CASH FUND FINANCE DEPT                             PETTY CASH REIMBURSEMENT                              0.84

    Org Key: PRISOO    Urban Forest Management
                             -


    P61598    00140314   BARNETI’ TREE CARE                                     South Mercer Playfields Cotton                 2,582.00
              00140382   NEXTEL WEST CORP                                       CELL PHONE USE 11/27-12/26                        56.71

    Org Key: PR2100 Recreation Programs
                             -


              001403 82 NEXTEL WEST CORP                                        CELL PHONE USE 11/27-12/26                          101.35
              00140247  PETtY CASH FUND FINANCE DEPT                            PETtY CASH REIMBURSEMENT                             16.00

    Org Key: PR2IOI    Youth and Teen Camps
                             -


              00140382   NEXTEL WEST CORP                                       CELL PHONE USE 11/27-12/26                           75.00
              00140247   PETI’Y CASH FUND FINANCE DEPT                          PETI’Y CASH REIMBURSEMENT                             9.00

    Org Key: PR2103 Aquatics Programs
                             -


              00140382 NEXTEL WEST CORP                                         CELL PHONE USE 11/27-12/26                           25.54

    Org Key: PR2104 Special Events
                             -


              00140382 NEXTEL WEST CORP                                         CELL PHONE USE 11/27-12/26                           50.00

    Org Key: PR2IOS Sports & Leagues
                             -


              00140382 NEXTEL WEST CORP                                         CELL PHONE USE 11/27-12/26                           25.00

   Org Key: PR3500 Senior Services
                             -


             00140382 NEXTEL WEST CORP                                          CELL PHONE USE 11/27-12/26                          101.89

   Org Key: PR4IOO           -   Community Center
  Date: 01/07/10                                     RepoitName:   CounciIAPS
  Time 15:57:32                                                                                                           Page: 7
     _r~.__        uI__j
tiiy uf JrLe,cer 1_lu,,”                                                                                            r ,,,u,zue   nepuri~neni
                                                        Acconnts Payable Report
     P0 #          Check #             Vendor                                       Transaction Descriptioi                      Check Amoun
     P61807        00140335         A-I PAINTING                                    painting, Community Center per                     6,535.03
     P6 1832       00140357         MI UTILITY BILLS                                Nov and Dec/09 Water Bills                         3,050.68
     P61720        00140342         FEDEX KINKO’S                                   CCMV Brochures and Business
                                                                                              -                                          438.00
     P58111        00140360         NORTHWEST LANDSCAPE SERVICES                    Landscaping services for CCMV                        411.72
     P61561        00140315         CORRECTIONAL INDUSTRIES                         CCMV Shirts                                          280.27
                   00140382         NEXTEL WEST CORP                                CELL PHONE USE 11/27-12/26                           213.45
    P61777         00140290         COMPLETE OFFICE                                 OFFICE SUPPLIES NOVEMBER 2009                        209.72
    P6 1805        00140346         IICON OFFICE SOLUTIONS                          Use charges for CCMV copier                          163.46
    P56539         00140270         FIRE PROTECTION INC                             service call, CCMV, mv #67 174                        71.18
    P56467         00140257         CRYSTAL AND SIERRA SPRINGS                      2009 Water service for CCMV                           61.35
    P61787         00140295         QWEST                                           PHONE USE DECEMBER 2009                               41.88
                   00140247         PErrY CASH FUND FINANCE DEPT                    PETTY CASH REIMBURSEMENT                              10.92
                   00140384         RAASCH, JANA                                    MILEAGE EXPENSE                                        7.16

    Org Key: PR5SOO Literary Program
                             -


    P6 1647   00140256 RHOADES, LANCE                                               Arts Council Classics on Film                           402.67

    Org Key: PRS700 Special Programs
                             -


    P6 1777   00140290 COMPLETE OFFICE                                              OFFICE SUPPLIES NOVEMBER 2009                           450.13
    P61647    00140256 RHOADES, LANCE                                               Arts Council Classics on Film                           347.33
              00140382 NEXTEL WEST CORP                                             CELL PHONE USE 11/27-12/26                               25.12

    Org Key: PR6JOO Park Maintenance
                             -


    P61806    00140357 MI UTILITY BILLS                                             Nov and Dec/09 Water Bills                         2,024.95
              00140382 NEXTEL WEST CORP                                             CELL PHONE USE 11/27-12/26                           257.42
    P58111    00140360 NORTHWEST LANDSCAPE SERVICES                                 Landscaping services for Thrif                       220.10
    P61753    00140279 KIMMEL ATHLETIC SUPPLY CO INC                                TEE SHIRT (NAVY/2-MED,4-LG,9-X                       115.88
    P61753    00140279 KIMMEL ATHLETIC SUPPLY CO INC                                SILK SCREEN CHARGE (MAINTENAI                         74.21
    P60117    00140260 TERMINIX PROCESSING CTR                                      Garfield Landing Park pest con                        60.23
    P56467    00140257 CRYSTAL AND SIERRA SPRINGS                                   2009 Water service for Parks                          43.27
    P61753    00140279 KIMMEL ATHLETIC SUPPLY CO INC                                SILK SCREEN CHARGE (PARKS &                           34.49
    P6 1753   00140279 KIMMEL ATHLETIC SUPPLY CO INC                                TEE SHIRT (NAVY/I -MED,6-LG,5-X                       31.39
    P6 1753   00140279 KIMMEL ATHLETIC SUPPLY CO INC                                TEE SHIRT (NAVY/1-XXLG)                               24.97
    P61753    00140279 KIMMEL ATHLETIC SUPPLY CO INC                                HOODED SWEATSHIRT (NAVY/i-fl                          21.35
    P6 1753   00140279 KIMMEL ATHLETIC SUPPLY CO INC                                CREW SWEATSHIRT (LIGHT STEEL/I                        15.88
    P61753    00140279 KIMMEL ATHLETIC SUPPLY CO INC                                EMBROIDERY CHARGE (PARKS &                             8.71
    P61753   00140279  KIMMEL ATHLETIC SUPPLY CO INC                                TEE SHIRT (STEEL/I -XXLG)                              8.32

    Org Key: PR6200          -   Athletic Field Maintenance
    P61806         00140357         MI UTILITY BILLS                                Nov and Dec/09 Water Bills                              417.44
                   00140382         NEXTEL WEST CORP                                CELL PHONE USE 11/27-12/26                              113.54

    Org Key:    P116500      -   Luther Burbank Park Maint.
    P6 1806        00140357        MI UTILITY BILLS                                 Nov and Dec/09 Water Bills                         3,497.00
    P58110         00140360        NORTHWEST LANDSCAPE SERVICES                     Landscape services for Luther                      2,270.76
    P61809         00140370        TEC MECHANICAL SERVICES                          repair replace union in cond
                                                                                          -                                            1,020.23
    P6 1755        00140269        SOREANO’S PLUMBING INC                           LB, repair upstairs toilet, in                       229.95
    P61755         00140269        SOREANO’S PLUMBING INC                           LB, repair upstairs toilet, in                       197.10
    P6 1787        00140295        QWEST                                            PHONE USE DECEMBER 2009                              167.46
    P6 1772        00140286        HOME DEPOT CREDIT SERVICE                        LOUVER VENTS FOR LBP                                 159.04
    P56539         00140270        FIRE PROTECTION INC                              Caretaker Security Alarm mv
                                                                                                              -                           84.75
    P61753         00140279        KIMMEL ATHLETIC SUPPLY CO INC                    TEE SHIRT (NAVY/1-MED,6-LG,5-X                        86.34
                   00140382        NEXTEL WEST CORP                                 CELL PHONE USE 11/27-12/26                            77.13
  Date: 01/07/10                                          Report Name: CouncilAPS
  Time 15:57:32                                                                                                                   Page: 8
nL~.   _t Af__.__   F~I—---I                                                                                       r-,~      — n ——
i_hf UJ 1v.w,ce, .l.~IuIIu                                                                                         F IflUli CC   nepunme~n
                                                  Accounts Payable Report
       P0 #         Check #          Vendor                                   Transaction Descriptioi                        Check Amoun
       P6 1753      00140279       KIMMEL ATHLETIC SUPPLY CO INC              SILK SCREEN CHARGE (PARKS &                                   53.81
       P56396       00140258       CINTAS CORPORATION #460                    Rug cleaning service for Luthe                                39.15
       P61753       00140279       KIMMEL ATHLETIC SUPPLY CO INC              CREW SWEATSHIRT (LIGHT STEEL/I                                15.88
       P6 1753      00140279       KIMMEL ATHLETIC SUPPLY CO INC              EMBROIDERY CHARGE (PARKS &                                     8.70

       Org Key:     PR6 700 190 Park Maintenance
                               -


       P58110        00140360  NORTHWEST LANDSCAPE SERVICES                   Landscape services for 1-90                              6,794.48
       P56463        00140259  ALJOYA                                         Reimbursement for Landscape Se                             753.00
       P61806        00140357  MI UTILITY BILLS                               Nov and Dec/09 Water Bills                                 730.32
                     00140382  NEXTEL WEST CORP                               CELL PHONE USE 11/27-12/26                                  78.09
       P6 1753       00140279  KIMMEL ATHLETIC SUPPLY CO INC                  TEE SHIRT (NAVY/1-MED,6-LG,5-X                              78.49
       P6 1753       00140279  KIMMEL ATHLETIC SUPPLY CO INC                  SILK SCREEN CHARGE (PARKS &                                 49.67

       Org Key: P574609   Flex Spending Admin 2009
                               -


                 00140399    LOGSDON, SCOTr                                   FLEX SPEND ACCT REIMB            12/31/09                2,149.94
                 00140393    GARRETt, BRET                                    FLEX SPEND ACCT REIMB            12/31/09                  999.96
                 00140400    MCWATrERS, BRIAN                                 FLEX SPEND ACCT REIMB            12/31/09                  813.00
                 00140390    AUSTIN, RAY                                      FLEX SPEND ACCT REIMB            12/31/09                  766.12
                 00140396    HOLMES, EDWARD 3                                 FLEX SPEND ACCT REItMB           12/31/09                  754.00
                 00140403    RAASCH, JANA                                     FLEX SPEND ACCT REIMB            12/31/09                  750.00
                 00140402    QUINN, THOMAS                                    FLEX SPEND ACCT REIMB            12/31/09                  605.40
                 00140406    WILSON, TODD R                                   FLEX SPEND ACCT REIMB            12/31/09                  499.98
                 00140398    KNOErr, KENNETH                                  FLEX SPEND ACCT REIMB            12/31/09                  468.61
                 00140401    MOLTZ, ERIC                                      FLEX SPEND ACCT REIMB            12/31/09                  235.42
                 00140397    KENWORTHY, LES                                   FLEX SPEND ACCT REIMB            12/31/09                  218.08
                 00140391    BARNES, HARVEY L                                 FLEX SPEND ACCT REIMB            12/31/09                  192.31
                 00140392    COOK, JASON                                      FLEX SPEND ACCT REIMB            12/31/09                  192.31
                 00140394    GROSCOST, CURTIS E                               FLEX SPEND ACCT REIMB            12/31/09                  192.31
                 00140404    SAUNDERS, TRAVIS                                 FLEX SPEND ACCT REIMB            12/31/09                  192.31
                00140405     TUTrLE, LAJUAN                                   FLEX SPEND ACCT REIMB            12/31/09                  192.31

       Org Key: P574610   Flex Spending Admits
                               -


                 00140388    CAMPOS, JOSEPHINE                                FLEX SPEND ACCT REIMB 1/15/10                            2,479.00

       Org Key: WGIO3R South Fire Station Repairs
                               -


       P6 1808  00140339 DOOR PROS                                            replace door, mv 2099, Fire                              1,008.50
       P6 1808  00140339 DOOR PROS                                            repair weather striping around                             160.48

       Org Key: WGI3SE Emergency Preparedness Projs
                               -


       P61785   00140299 PREMIER CABLING LLC                                  h~staI1ed I craegory Se cable                                136.88

       Org Key: WG550R Fuel Clean Up
                               -


       P58399   00140344 GOLDER ASSOCIATES INC                                2009 Groundwater Compliance                             4,016.00

       Org Key: WG92OT High Accuracy Orthophotos
                               -


       P61880   00140337  BELLEVUE TREASURER, CITY OF                         2009 Ortho Project                                       6,772.00

    Org Key:        WPI22R Vegetation Management
                               -


    P58 133         00140372 TOTAL LANDSCAPE CORP                             Open Space Vegetation Work 200                          19,889.73
    P58132          00140372 TOTAL LANDSCAPE CORP                             Open Space Vegetation Work 200                          13,281.26
    P57556          00140358 MOUNTAINS TO SOUND                               Volunteer management services                            3,636.50
    P58174          00140282 NORTH WEST LANDSCAPE SERVICES                    Open Space Vegetation Work 200                           3,415.31
    P60473          00140284 NORTHWEST LANDSCAPE SERVICES                     Open Space Work 2009-10 Levy-                            2,688.23

  Date: 01/07/10                                    Report Name: CcuncilAPS
  Time 15:57:32                                                                                                                  Page: 9
City of Mercer Island                                                                                           Finance Department
                                               Accounts Payable Report
    P0 #           Check #         Vendor                                      Transaction Descriptioi                 Check Amoun
    p57434         00140340      EARTHCORPS INC                                Volunteer Management Services                     1,348.00
                   00140382      NEXTEL WEST CORP                              CELL PHONE USE 11/27-12/26                           56.47

    Org Key: WP720R Recurring Park Projects
                             -


    P61598   00140314 BARNBTT TREE CARE                                        South Mercer Playfields Cotton                    2,503.76

    Org Key: WRIIIR Pavement Markings
                             -


    P61793   00140312 KC FINANCE                                               signs & markings, mv 1551793                      4,515.16

    Org Key: WSIIOC Sewer Lake Line Replace-Constr
                             -


    P57253   00140371 TETRA TECH INC                                           LAKE LINE CONSTRUCTION SERVIC                 13,050.70

    Org Key: WSI2OC Sewer Lk Line Emer Repair
                             -


             00140376 GAVIGLIO, MIKE                                           MILEAGE EXPENSE                                         85.80
             00140386 WALKER JR, RUDY                                          MILEAGE EXPENSE                                         85.80
             00140387 WILLING, ROBERT                                          MILEAGE EXPENSE                                         50.60
             00140374 DRUSCHBA, JOHN F                                         MILEAGE EXPENSE                                         37.40
             00140375 FELDC, JIM                                               MILEAGE EXPENSE                                         26.40
             00140373 BAKER, DENNIS L                                          MILEAGE EXPENSE                                         22.00
             00140376 GAVIGLJO, MIKE                                           EXTENDED WORK EXPENSES                                  14.78
             00140387 WILLING, ROBERT                                          EXTENDED WORK EXPENSES                                  10.44

    Org Key: XGISOT Small Tech/Equipment
                             -


    P61859    00140353 KEYBANK (MASON)                                         Metro Bistro: J. Mason Furnitu                    1,720.00

    Org Key: XG7JOG Snow Removal Equipment
                             -


    P61397    00140359 NELSON TRUCK EQUIPMENT CO INC                           Meyer ST 7.5 (7ft 6in) Steel                      6,389.23

    OrgKey: XG72OT NOR COM-RegionalDispatch ~nt
                             -


    P61854   00140329 NORCOM                                                   Police Dispatch Tech Quarter
                                                                                                      -                          1,419.00
    P6 1855  00140329 NORCOM                                                   Fire Dispatch Tech Quarterly
                                                                                                  -                                421.75

    Org Key: XP7JJR Luther Burbank Off Leash Area
                             -


    P6 1858   00140362 PACIFIC EARTH WORKS INC                                 Luther Burbank Plant Maintenan                      605.47

    Org Key: XP7I2R Luther Burbank Shoreline Resto
                             -


    P61858    00140362 PACIFIC EARTH WORKS INC                                 Luther Burbank Plant Maintenan                      908.21

    Org Key: XP9O5C South Mercer Bailfields Ph 1
                             -


    P61598    00140314 BARNE’FI’ TREE CARE                                     South Mercer Playfields Cotton                    2,738.49

    Org Key: YFIJOO   YFS General Services
                             -


    P61777   00140290   COMPLETE OFFICE                                        OFFICE SUPPLIES NOVEMBER2009                            70.69
             00140382   NEXTEL WEST CORP                                       CELL PHONE USE 11/27-12/26                              56.61
    P6 1830  00140327   WORKSHOP CALENDAR, THE                                 Annual clinical subscription                            15.00

    Org Key:       YF1200   Thr(/i Shop
                             -


    P61810         00140341   EVERGREEN WINDOW CLEANING                        gutter cleaning, Thrift Shop,                       505.89
    P61768         00140245   KEYBANK (PHILEN)                                 Grand & Benedicts fixture su
                                                                                                  -                                298.72
    P61832         00140357   MI UTILITY BILLS                                 Nov and Dec/09 Water Bills                          167.41
                   00140250   PHILEN, SUZANNE                                  DISPLAY CASE FIXTURE                                150.00
    P61768         00140245   KEYBANK (PHILEN)                                 SPU -job fair fee                                    35.00
    P61768         00140245   KEYBANK (PHILEN)                                 QFC vol appreciation refresh
                                                                                    -                                               30.87
    P61768         00140245   KEYBANK (PHILEN)                                 Amazon unique cord for store
                                                                                        -                                           22.41

  Date: 01/07/10                                    ReportName:   CouncilAPS
  Time 15:57:32                                                                                                          Page:    10
City ofMercer Island                                                                                             Finance Department
                                                 Accounts Payable Report

    P0 #           Check #         Vendor                                      Transaction Descriptioi                  Check Amonn
    P61768         00140245      KEYBANK (PIIILEN)                             QFC customer recruitment eve
                                                                                    -                                              17.14

    Org Key: YF2IOO School/City Partnership
                             -


    P61829   00140369 STERLING REFERENCE LAB                                   Drug test fees                                      75.16

    Org Key: YF2600 Family Assistance
                             -


    P6 1767  00140246 KEYBANK (MANRJQUEZ)                                      Albertsons food cards for EA
                                                                                          -                                    250.00

    Org Key: YF2800 Fed Drug Free Communities Gran
                             -


    P61777   00140290 COMPLETE OFFICE                                          OFFICE SUPPLJES NOVEMBER2009                        93.71


                                                                                                         Total           1,255.573.15




  Date: 01/07/10                                     Report Name: CounciIAPS
  Time 15:57:32                                                                                                          PagC 11
      CITY OF MERCER ISLAND                      PAYROLL SUMMARY
4
     PAYROLL PERIOD ENDING                                 12/31/2009
     PAYROLL DATED                                           1/612010

     Net Cash                                                    o.oo
     Net Voids/Manuals                                       3,363.53
     Federal Tax Deposit Key Bank    -                        574.11
     Social Security and Medicare Taxes                       150.07
     Medicare Taxes Only (Fire Fighter Employees)               0.00
     Public Employees Retirement System 1 (PERS 1)               0.00
     Public Employees Retirement System 2 (PERS 2)             54.35
     Public Employees Retirement System 3 (PERS 3)              0.00
     Public Employees Retirement System 2 (PERSJBM)             0.00
     Public Safety Employees Retirement System (PSERS)          0.00
     Law Enforc. & Fire Fighters System 1 (LEOFF 1)             0.00
     Law Enforc. & Fire fighters System 2 (LEOFF 2)             0.00
     Regence Medical Insurance
                     -                                          0.00
     Domestic Partner/Overage Dependant Insurance
                                             -                  0.00
    Group Health Medical Insurance
                             -                                  0.00
    Health Care Flexible Spending Accounts
                         -                                      0.00
    Dependent Care Flexible Spending Accounts
                                 -                              0.00
    Puget Sound Credit Union                                    0.00
    United Way                                                  0.00
    ICMA Deferred Compensation                                  0.00
    ROTH IRA                                                    0.00
    Child Support/Garnishment Payments                          0.00
    Ml Employees’ Association                                   0.00
    Cities & Towns/AFSCME Union Dues                            0.00
    Police Union Dues                                           0.00
    Fire Union Dues                                             0.00
    Jewish Community Center Dues                                0.00
    AWC Voluntary Life Insurance
             -                                                  0.00
    Federal Reserve Bank of MN US Savings Bonds
                                         -                      0.00
    Unum Long Term Care Insurance
             -                                                  0.00
    AFLAC Supplemental Insurance Plans
                 -                                              0.00
    GET Guarantee Education Tuition of WA
         -                                                      0.00
    Coffee Fund                                                 0.00
    Miscellaneous                                               0.00


    jTOTAL GROSS PAYROLL                                    4,142.06
                                                                                                  AB 4500
                             BUSINESS OF THE CITY COUNCIL                                 January 19, 2010
                              CITY OF MERCER ISLAND, WA                                  Regular Business


INTERLOCAL AGREEMENT WITH CITY OF                      Proposed Council Action:
BELLEVUE RELATING TO MARINE PATROL
                                                       Authorize the City Manager to sign the Interlocal
AND OTHER SERVICES
                                                       Agreement


DEPARTMENT OF                            Police (Ed Holmes)

COUNCIL LIAISON                          Steve Litzow Mike Grady Mike Cero

EXHIBITS                                 1. Interlocal Agreement with City of Bellevue

APPROVED BY CITY MANAGER


                             AMOUNT OF EXPENDITURE               $         n/a
                             AMOUNT BUDGETED                     $         n/a
                             APPROPRIATION REQUIRED              $         n/a

SUMMARY

OVERVIEW
Mercer Island began its Marine Patrol unit in 1983, having formerly been serviced by King County. Since
that time, the Marine Patrol unit has expanded to serve four other contract cities to include Renton, Medina,
Hunts Point and Yarrow Point. Under this contracting model, the total cost of the program is tallied at the
end of each year, and from this amount the boat tax we receive from Mercer Island and our contract cities is
deducted. The remaining amount is then divided with Mercer Island paying 55% of the costs and the
contract cities paying the remaining 45% (Yarrow Point pays a flat fee).

PROPOSAL
Earlier this year, the Police Chiefs from Mercer Island and Bellevue began discussing ways to leverage the
services of their agencies while not increasing costs. Bellevue was interested in receiving services from
Mercer Island’s Marine Patrol and Dive Team on Lake Washington. Mercer Island was interested in
receiving services from Bellevue’s SWAT team, specialized forensics, K-9, major investigations and the use
of their firing range.

Bellevue currently has a contract with King County for Marine Patrol for services on Lake Washington.
Bellevue would like to cancel this contract with King County, and subsequently secure Marine Patrol
services from Mercer Island for their Lake Washington waters. Mercer Island does not have any contracts
for the specialized services identified above; therefore whenever Mercer Island has needed any of these
specialized services we have had to call for assistance from other agencies via mutual aid. This proposed
agreement with Bellevue would formalize an arrangement whereby Mercer Island would no longer be in a
position of calling in favors from other agencies for these specialized services. Mercer Island would receive
specialized services from Bellevue in exchange for Mercer Island providing Bellevue with Marine Patrol and
Dive Team services.

                                                   Page 1
COST IMPLICATIONS
No short term or long term cost increases for Mercer Island are anticipated under this agreement. Mercer
Island patrol boats are frequently in Bellevue’s Lake Washington waters as part of regular patrolling
routines. Any changes to how Mercer Island’s Marine Patrol would operate would be negligible under this
agreement. On the rare occasion when there has been a significant event in Bellevue’s Lake Washington
waters, the Mercer Island Marine Patrol and Dive Team have responded to the scene under the mutual aid
agreement (Bellevue has not been charged for this service). Under this agreement Mercer Island’s Marine
Patrol program would also receive a percentage of boat tax from Bellevue (totaling approximately $28,000),
which would serve to reduce the overall cost of the program. In addition, Mercer Island would also avoid
the ongoing cost of renting a firing range for our low-light practice sessions.

RECOGNITION OF FIRE DEPARTMENT RESPONSES
Under the King County Fire Resource Plan, which provides mutual aid assistance for any fire agency within
King County, the Bellevue Fire Department sends their units to Mercer Island more often that Mercer Island
sends units to Bellevue. By formalizing this agreement with Bellevue, any inequities experienced under the
King County Fire Resource Plan, would be recognized and off-set, thus helping to balance this response
equation.

SUMMARY
This proposed agreement is favorable for Mercer Island, Bellevue, and the cities that contract with Mercer
Island for Marine Patrol services. Mercer Island will secure specialized services from Bellevue, and will
avoid the cost of renting an indoor firing range for low-light practice sessions. Mercer Island will also
receive formal recognition from Bellevue’s Fire Department relating to balancing the number of mutual aid
responses between Bellevue and Mercer Island. Bellevue will receive Marine Patrol and Dive Team
services on Lake Washington and will no longer have to pay a fee to King County for this service. The other
cities that contract with Mercer Island for Marine Patrol services support this proposed agreement, as they
will not realize a reduction in service, but will benefit from a reduction in their fees due to the new boat tax
revenue from Bellevue.

RECOMMENDATION
Chief of Police

MOVE TO:          Authorize the City Manager to sign the Interlocal Agreement between the City of Mercer
                  Island and the City of Bellevue relating to Marine Patrol and other services.




                                                    Page 2
                             INTERLOCAL AGREEMENT
           BETWEEN THE CITY OF BELLEVUE AND THE CITY OF MERCER ISLAND
                RELATING TO MARINE PATROL AND OTHER SERVICES

This is an Interlocal Agreement (Agreement) between the City of Bellevue (Bellevue) and the
City of Mercer Island (Mercer Island) for exchange of governmental services. The Agreement
shall be upon the last date of signing below.

WHEREAS Bellevue has a geographical boundary either boarding on or encompassing
navigable waters in King County and, thus has the authority to police these waters; and

WHEREAS, Mercer Island has established and maintains a marine patrol service on Lake
Washington which can also serve the waters under the authority of Bellevue;

WHEREAS, Bellevue has established specialized police services such as K-9, forensics, firing
range and major investigations of which services Mercer Island has need from time to time.

NOW Therefore, Bellevue and Mercer Island hereby agree:

1.   Mercer Island Obligations:

     1.1    Through its Marine Patrol Unit, Mercer Island will provide routine patrol of waters on
            Lake Washington under the authority of Bellevue as described under Section 1.3 for
            the purposes of enforcing applicable laws and ordinances, promoting boating safety,
            and preventing law or safety violations, including responding to emergency
            complaints in accordance with standard emergency dispatch protocol.
     1.2    Marine patrol services will be provided year-round.
     1.3    Mercer Island shall provide routine patrol services in water areas under the
            jurisdiction of Bellevue on Lake Washington rendering service of the same level,
            degree and type as rendered for Mercer Island in its jurisdiction, provided that marine
            patrol services shall be subject to interruption for boat repair and maintenance. The
            shifts shall emphasize afternoon and early evening hours of the boating season.
     1.4    At the specific request of Bellevue, provide patrol services and/or respond to
            emergencies at times other than those of the daily boating season shift and outside
            the boating season.
     1.5    Provide Bellevue with a report of the marine patrol services rendered within
            Bellevue’s waters, including number of calls for service (dispatched and on-view),
            number and type of citations and warnings issued, and safety checks made.

2. Bellevue Obligations:

     2.1    Bellevue confers municipal police authority on Mercer Island officers engaged
            pursuant to this Agreement in enforcing State and Bellevue ordinances within
            Bellevue’s waters for the purposes of carrying out this Agreement.
     2.2    At times where its workload priorities permit and in consideration for the marine
            patrol services provided by Mercer Island, Bellevue shall make available to Mercer
            Island upon request and with adequate notice specialized Bellevue police services
            consisting of K-9, forensics, firing range, major investigations, SWAT, and such
            other services as Bellevue may in the future permit.
     2.3    Whenever Bellevue shall request the placement of buoys within the waters under its
            jurisdiction, Mercer Island will provide notice to Bellevue of the full cost of said

                                             AB 4500
                                             Exhibit 1
                                             Page 3
          purchase and installation. If Bellevue concurs in writing for Mercer Island to perform
          the work, Mercer Island will purchase and install the buoys and Bellevue will
          reimburse Mercer Island for the costs of the buoys as provided in writing. Mercer
          Island will maintain, repair and replace such buoys as needed and Bellevue will
          reimburse Mercer Island for the costs associated with the replacement as provided in
          writing.
   2.4    Under the King County Fire Resource Plan, which provides mutual aid assistance for
          any fire agency within King County, the Bellevue Fire Department sends their units to
          Mercer Island more often that Mercer Island sends units to Bellevue. By formalizing
          this agreement with Bellevue, any inequities experienced under the King County Fire
          Resource Plan, would be recognized/off-set, thus helping to balance this response
          equation.

3. Supervision and Personnel: In the providing of services as set forth above, each agency is
   acting as an independent contractor so that:

   3.1    Control of Personnel: Control of personnel, standards of performance, discipline and
          all other aspects of performance shall be governed entirely by the agency providing
          the service through its employees.
   3.2    Status of Employees. All persons rendering services under this Agreement shall be
          for all purposes, employees of their respective agencies.
   3.3    Liabilities. All liabilities to employees of each agency for wages and benefits or
          sickness arising from performance of the law enforcement services for the other
          agency shall remain the liability of the employing agency.

4. Compensation:

   4.1    The parties intend that the scope of services each is providing to the other will be of
          approximately equal value as viewed from the totality of the relationship between the
          parties and on that basis neither party shall be entitled to compensation from the
          other party for the performance of services provided under this agreement.
   4.2    Boat tax revenue for all City of Bellevue shoreline along Lake Washington will accrue
          to the City of Mercer Island.

5. Indemnification:

   5.1    Mercer Island shall protect, defend, indemnify and save harmless Bellevue, its
          officers, employees and agents from any and all costs, claims, judgments or awards
          of damages, arising out of or in any way resulting from the negligent acts or
          omissions of Mercer Island. Mercer Island agrees that its obligations under this
          subparagraph extend to any claim, demand, and/or cause of action brought by, or on
          behalf of, any of its employees or agents. For this purpose, Mercer Island, by mutual
          negotiation, hereby waives, as respects Bellevue only, any immunity that would
          otherwise be available against such claims under the industrial insurance provision
          of Title 51 RCW. In the event Bellevue obtains any judgment or award, and/or incurs
          any cost arising there from including attorneys' fees to enforce the provisions of this
          article, all such fees, expenses, and costs shall be recoverable from Mercer Island.
   5.2    Bellevue shall protect, defend, indemnify and save harmless Mercer Island, its
          officers, employees and agents from any and all costs, claims, judgments or awards
          of damages, arising out of or in any way resulting from the negligent acts or
          omissions of Bellevue. Bellevue agrees that its obligations under this subparagraph

                                           AB 4500
                                           Exhibit 1
                                           Page 4
          extend to any claim, demand, and/or cause of action brought by, or on behalf of, any
          of its employees or agents. For this purpose, Bellevue, by mutual negotiation,
          hereby waives, as respects Mercer Island only, any immunity that would otherwise
          be available against such claims under the industrial insurance provision of Title 51
          RCW. In the event Mercer Island obtains any judgment or award, and/or incurs any
          cost arising there from including attorneys' fees to enforce the provisions of this
          article, all such fees, expenses, and costs shall be recoverable from Bellevue.

6. Insurance; Risk of Loss:

   6.1    Each party shall maintain insurance that is sufficient to protect itself against all
          applicable risks associated with this Agreement, including coverage necessary to
          address liability associated with U.S. Long shore and Harbour Workers Act and
          Jones Act coverage, as amended. Each party will be liable for all loss or damage,
          other than ordinary wear and tear, for the property in the other’s possession or
          control that is caused by the party’s negligence. In the event of any such loss or
          damage, the damaging party will pay the other the full current replacement cost of
          such equipment or property within thirty (30) days after its loss or damage

7. Duration:

   7.1    This agreement is effective upon authorization and signature by both parties. The
          contract period shall be four years from the Agreement’s effective date.

8. Termination:

   8.1    Either party may initiate a process to terminate this Agreement as follows:
   8.2    The party desiring to terminate the agreement shall provide 90 days written notice to
          the other party.

9. General provisions:

   9.1    Governing Law; Forum. The Agreement will be governed by the laws of Washington
          and its choice of law rules. Each party irrevocably consents to the exclusive personal
          jurisdiction and venue of the federal and state courts located in King County,
          Washington, with respect to any dispute arising out of or in connection with the
          Agreement, and agrees not to commence or prosecute any action or proceeding
          arising out of or in connection with the Agreement other than in the aforementioned
          courts.
   9.2    Severability. If any provision of the Agreement is held to be invalid or unenforceable
          for any reason, the remaining provision will continue in full force without being
          impaired or invalidated in any way. Bellevue and Mercer Island agree to replace any
          invalid provision with a valid provision that most closely approximates the intent and
          economic effect of the invalid provision.
   9.3    Nonwaiver. Any failure by either party to enforce strict performance of any provision
          of the Agreement will not constitute a waiver that party’s right to subsequently
          enforce such provision or any other provision of the Agreement.
   9.4    No Assignment. Neither the Agreement nor any of the rights or obligations of the
          any party arising under the Agreement may be assigned, without the other party’s
          prior written consent. Subject to the foregoing, the Agreement will be binding upon,


                                           AB 4500
                                           Exhibit 1
                                           Page 5
         enforceable by, and inure to the benefit of, the parties and their successors and
         assigns.
   9.5   Notices. All notices and other communications under the Agreement must be in
         writing, and must be given by registered or certified mail, postage prepaid, or
         delivered by hand to the party to whom the communication is to be given, at its
         address set forth in this agreement.
   9.6   Legal Fees. In any lawsuit between the parties with respect to the matters covered
         by the Agreement, the prevailing party will be entitled to receive its reasonable
         attorney's fees and costs incurred in the lawsuit, in addition to any other relief it may
         be awarded.
   9.7   Counterparts. The Agreement may be signed in counterparts, each of which shall be
         deemed an original, and all of which, taken together, shall be deemed one and the
         same document.
   9.8   Contract Modification. This Contract, together with the attachments and/or addenda,
         represents the entire and integrated Agreement between the parties hereto and
         supersedes all prior negotiations, representations, or agreements, either written or
         oral. This Agreement may be amended, modified or added to only by written
         instrument properly signed by both parties hereto.



CITY OF BELLEVUE                                   CITY OF MERCER ISLAND



_______________________________                    __________________________________
Steven Sarkozy                                     Richard M. Conrad
City Manager                                       City Manager

Dated: __________________________                  Dated: __________________________


APPROVED AS TO FORM:                               APPROVED AS TO FORM:



_________________________________                  ________________________________
Lori Riordan                                       Katie Knight
City Attorney                                      City Attorney




                                           AB 4500
                                           Exhibit 1
                                           Page 6
                                                                                                 AB 4492
                             BUSINESS OF THE CITY COUNCIL                                January 19, 2010
                              CITY OF MERCER ISLAND, WA                                 Regular Business


TEMPORARY ENCAMPMENT ORDINANCE (1ST                    Proposed Council Action:
READING)
                                                       Hold an Open Record Public Hearing/Public
                                                       Meeting and conduct 1st reading of Ordinance No.
                                                       10C-01.


DEPARTMENT OF                            City Manager (James Mason)

COUNCIL LIAISON                          El Jahncke

EXHIBITS                                 1. Proposed Ordinance No. 10C-01 as recommended by the
                                            Planning Commission
                                         2. Written comments submitted during SEPA comment period
                                         3. Summary of community meeting comments
                                         4. Memo from City Attorney to Planning Commission re: Overview
                                            of 2008 Tent City Experience
                                         5. Memo from City Attorney to Planning Commission re: Overview
                                            for Discussion of Temporary Encampments Regulations
                                         6. Comparison matrix of other jursdictions
                                         7. Proximity map

APPROVED BY CITY MANAGER


                             AMOUNT OF EXPENDITURE               $         n/a
                             AMOUNT BUDGETED                     $         n/a
                             APPROPRIATION REQUIRED              $         n/a

SUMMARY

HISTORY
The Mercer Island United Methodist Church (“Church”) invited Tent City 4 to establish a temporary
encampment on the Church’s property for three months beginning August 5, 2008. The encampment
stayed on the Island for approximately 90 days. Tent City 4 is a temporary homeless encampment
managed by SHARE/WHEEL, a non-profit homeless advocacy organization. The Church’s pastor,
congregational leaders, and SHARE/WHEEL signed a Temporary Use Agreement with the City, which
Agreement was approved at the City Council meeting on June 16, 2008. The Temporary Use Agreement
addressed the health, safety and welfare concerns arising from the temporary encampment’s stay at the
Church.

Mindful of the extensive litigation surrounding temporary encampments and religious institutions’ ministry to
the homeless, the City determined that it was unlikely to prevail in court on forbidding such an encampment
if the Church invited Tent City 4. The City also determined that it was likely to obtain more favorable
conditions to the City if it entered into a voluntary agreement with SHARE/WHEEL and the Church. The
parties agreed that the City (Fire, Police and DSG) and King County Health Department could regularly
                                                       Page 1
inspect the encampment. The Church and SHARE/WHEEL agreed to a hold harmless and indemnification
provision. Many other elements of the Temporary Use Agreement were incorporated into the proposed
ordinance, attached as Exhibit 1.

At the June 20, 2009 Council Mini-Planning Session, the City Council directed staff to meet with citizens to
discuss the Tent City 4 experience, and to prepare a draft Temporary Encampment ordinance for Council’s
consideration. Staff returned to the Council with a proposed sequence of events designed to ultimately
provide the Council with an ordinance ready for adoption by February 1, 2010. After Council’s approval of
the timeline, City staff met with First Hill neighbors and the community at large. As part of the SEPA
process, comments were obtained at those meetings. Both oral and written comments from citizens were
ultimately provided to the Planning Commission for consideration. The public comments are attached as
Exhibits 2 and 3. Staff also conducted extensive research into the legal parameters regarding the regulation
of temporary encampments, including review of recent case law regarding Tent City 4.

Recently, the Washington State Supreme Court decided in a unanimous decision that numerous cases
before it have already determined that the state constitution “absolutely protects the free exercise of
religion, [and] extends broader protection than the first amendment to the federal constitution…” City of
Woodinville v. Northshore United Church of Christ, WA Supreme Court slip opinion, July 16, 2009. Relying
on the Washington State Constitution, the Court held that cities may not impose a temporary moratorium on
churches hosting homeless encampments. The court concluded that the religious organizations have more
protection under Washington’s constitution and, therefore, did not address whether there was also a
violation of federal statutes or the federal constitution. Cities may regulate concerns for safety, noise, and
crime but may not outright deny consideration of permitting a church to host a homeless encampment. A
more extensive legal analysis is provided in Exhibit 4. This analysis was provided to the Planning
Commission along with the various City departments’ experiences with Tent City 4 during its stay on the
Island.

PROCESS
City staff held a public meeting on August 25, 2009 at the Mercer Island United Methodist Church to receive
input from the greater First Hill Neighborhood. Much of the information derived from that meeting was
useful in designing a draft Temporary Encampment Ordinance. On October 22, 2009, staff held a
community-wide open house at the Community Center at Mercer View to provide a forum for additional
public input and to provide an overview of the draft Temporary Encampment Ordinance. The major areas of
discussion regarded the legal structure of the ordinance, communication issues such as public noticing of
immediate neighbors and the community as well as opportunities for public involvement, regulatory issues
surrounding the location of future temporary encampments and any benefits or concerns of proposed sites,
public safety issues and compliance with regulations and codes. Guided by the comments from the public,
the ordinance was refined and presented to the Planning Commission.

The Planning Commission was given a briefing on October 7, 2009. The briefing included discussion of the
key provisions of the ordinance, as well as why potential regulatory conditions were not specifically included
as mandatory permitting elements. See Exhibit 5. Some of those potential regulatory conditions were
deemed more appropriate for site-specific issues that could be addressed in the temporary encampment
permit on a case by case basis by the code official. Others are addressed through other code
requirements. Some are likely to be considered unconstitutional.

In addition to the public discussion regarding the ordinance, the Planning Commission was provided
information drawn from the City’s experience with the Tent City 4 visit. See Exhibit 4. DSG, Police and
Fire discussed the Departments’ experiences with the encampment. A discussion of the communication
experience regarding Tent City 4 was also addressed. The Planning Commission asked that the staff return
with a staff recommended ordinance once the community wide meeting was held and the oral and written
comments were reviewed. Ultimately, a public hearing was held before the Planning Commission on

                                                   Page 2
November 18, 2009. The Planning Commission decided on the recommended ordinance being presented to
City Council.

RECOMMENDED ORDINANCE HIGHLIGHTS
In reviewing temporary encampment regulations of other eastside municipalities, some choose to address
the health, safety and welfare issues within the ordinance itself. Others address such regulations via
temporary use permits. The current proposed ordinance allows some flexibility for the Code Official to
adopt additional requirements in the permit itself based on the location and site conditions of the temporary
encampment. A matrix is attached as Exhibit 6 comparing the proposed ordinance to other cities’
ordinances (as opposed to temporary permits, with the exception if Issaquah).

Many of the provisions in the Temporary Use Agreement for Tent City 4 were used in the drafting of the
staff recommended ordinance ultimately presented to the Planning Commission. The key points of the
Planning Commission recommended ordinance are:

   a. A pre-application meeting and an informal public meeting are required for any temporary
      encampment. An application must be submitted at least 90 days prior to opening a temporary
      encampment.
   b. Notice of the application would be required to be mailed to all residents within 600 feet of the
      proposed site. Typically, a 300 foot notice is required. A public notice sign would also be posted on
      site.
   c. The location and visual screening must provide “privacy and a visual buffer” for temporary
      encampment residents and neighbors. The ordinance provides guidance regarding the materials
      and height of the fence that was not as clearly defined in the Temporary Use Agreement for Tent
      City 4.
   d. No more than 100 people could stay at the encampment.
   e. No children under the age of 18 will reside in the encampment.
   f. A stringent code of conduct would be enforced. The temporary encampment sponsor and managing
      organization would be required to comply with all applicable City and State codes.
   g. All camp residents must provide government issued identification. Warrant and sex offender status
      of all prospective residents must be checked within the seven days prior to moving to Mercer Island.
      Any positive results must be reported to the Police Department.
   h. No sex offenders would be allowed to stay at the encampment.
   i. Random warrant and sex offender checks by the Police Department could be conducted to ensure
      compliance.
   j. The temporary encampment sponsor must provide a hold harmless and indemnification provision.
   k. The temporary encampment must allow regular inspections by the City (Fire, Police and DSG) and
      the King County Health Department.
   l. No temporary encampment would be permitted to return within one-half mile of a previous temporary
      encampment until 18 months after that previous encampment leaves the City. The Temporary Use
      Agreement prohibited more than one Temporary Encampment on Mercer Island each calendar year.
   m. Any violation of city code as a condition of a permit must be cured within seven days of mailing a
      notice of violation. The Temporary Use agreement required a cure within 14 days of notice.

Exhibit 7 details the proximity of Mercer Island places of worship to bus stops, schools and child care
services. Again, the Code official may require additional site specific conditions in the permit which are not
currently identified in the proposed ordinance. This is intended to allow flexibility given the variety of sites
which may be presented for locating temporary encampments in the future.

At this point, the City Council is to hold an Open Record Public Hearing to review the Planning
Commission’s recommended ordinance and to consider any additional comments or information. The
Council will conduct the first reading of Ordinance No. 10C-01 and provide staff with additional direction, if
desired. The second reading of the ordinance is scheduled for February 1, 2010.
                                                    Page 3
RECOMMENDATION
Deputy City Manager

MOVE TO:     Hold an Open Record Public Hearing/Public Meeting, conduct the first reading of Ordinance
             No. 10C-01 regarding temporary encampments as recommended by the Planning
             Commission, and set the ordinance for a second reading on February 1, 2010.




                                               Page 4
                                 CITY OF MERCER ISLAND
                                  ORDINANCE NO. 10C-01

       AN ORDINANCE OF THE CITY OF MERCER ISLAND, WASHINGTON,
       AMENDING MICC 19.06.010(A), 19.09.010, 19.15.010(E) AND 19.16.010,
       AND ADDING NEW SECTION MICC 19.06.090 IN ORDER TO PROVIDE
       DEFINITIONS, REQUIREMENTS,         AND      PROCEDURES       FOR
       PERMITTING TEMPORARY ENCAMPMENTS WITHIN THE CITY

        WHEREAS, both the First Amendment to the United States Constitution and Article 1
Section 11 of the Washington State Constitution protect the free exercise of religion; further, the
Religious Land Use and Institutionalized Persons Act of 2000 prohibits governments from
imposing a land use regulation that unreasonably limits religious assemblies, institutions or
structures. Court decisions hold that a church sponsoring a Temporary Homeless Encampment
on its own property constitutes protected religious expression; and

        WHEREAS, the Washington Supreme Court has determined that municipalities may not
infringe upon religious institutions’ ability to practice their religion by hosting temporary
encampments, and limiting municipalities’ ability to legislate regarding such temporary
encampments to health, safety and welfare issues; and

        WHEREAS, the City of Mercer Island, it’s elected and appointed officials, are committed
to protecting the health, safety and well-being of its citizens, as mandated by the State
Constitution; and

       WHEREAS, in keeping with the duties and responsibilities of municipal government,
temporary encampments and the hosting facility are also protected by all public safety, health
and welfare regulations routinely provided to Mercer Island citizens and visitors; and

       WHEREAS, Tent City 4 came to the City of Mercer Island in 2008 and the City
developed its own experience with regard to the temporary encampment; and

       WHEREAS, City staff prepared draft changes to the City code to address safety, health
and welfare issues related to temporary encampments, and on October 22, 2009, a community
meeting was held to introduce the proposed code changes to the public; and

        WHEREAS, the Mercer Island Planning Commission was briefed on the temporary
encampment issues and began its review of the proposed code changes on October 7, 2009, and
the Planning Commission held a public hearing on the proposed changes on November 18, 2009;
and

        WHEREAS, on December 2, 2009, the Mercer Island Planning Commission made its
final recommendations on proposed temporary encampment regulations; and

      WHEREAS, the Mercer Island City Council considered the Planning Commission’s
recommendations on January 4, 2010, held an open record public hearing on January 18, 2010,

                                             AB 4492
                                             Exhibit 1
                                             Page 5
held a second reading on February 1, 2010, and has determined to adopt the code changes set
forth in this ordinance;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCER ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1.     Amendments to Chapter 19.16 MICC, Definitions. MICC 19.16.010
               “Definitions” is hereby amended by adding the following:
T
…
Temporary Encampment: A group of persons temporarily residing in one or more temporary
structures, except for recreational purposes.

Temporary Encampment Sponsor: A place of worship which owns the property or has an
ownership interest in the property, for which a Temporary encampment is to be located, and that
has an agreement with the temporary encampment managing organization to provide basic
services and support for the residents of a temporary encampment and liaison with the
surrounding community and joins with the managing organization in an application for a
temporary encampment permit. A “sponsor” may be the same entity as the managing
organization.

Temporary Encampment Managing Organization: A group or organization that has the capacity
to organize and manage a temporary encampment. A temporary encampment “managing
organization” may be the same entity as the temporary encampment sponsor.
…

Section 2.     Chapter 19.06 MICC General Regulations. MICC 19.06.090 “Temporary
               Encampment Permit” is hereby added as follows:

19.06.090 Temporary Encampment Permit
A. General Conditions. Temporary encampments are allowed only pursuant to a permit issued
in accordance with the following conditions:
    1. Each lot occupied by a temporary encampment must provide or have available parking
and vehicular maneuvering area.
    2. The temporary encampment and the parking of any vehicles associated with a temporary
encampment application shall not displace the host site’s parking lot in such a way that the host
site no longer meets the minimum or required parking of the principle use as required by code or
previous approvals unless an alternative parking plan has been approved by the Code Official.
    3. The temporary encampment shall be located within one-half mile of a public transit stop.
    4. No temporary encampment shall occupy or use public parks in any manner unless
specifically approved by the Parks Department.
    5. No temporary encampment shall operate within the City of Mercer Island for more than
90 consecutive days.

                                            AB 4492
                                            Exhibit 1
                                            Page 6
    6. The City shall not grant a permit for a temporary encampment that is proposed to
commence on a lot or lots within one-half mile of any lot(s) that contained a temporary
encampment within the last 18 months. For the purposes of this subsection, the 18 months shall
be calculated from the last day of the prior temporary encampment within the one-half mile
radius. No more than one temporary encampment may be located in the City at any time.
    7. All temporary encampments shall obtain, prior to occupancy of the lots, all applicable
City of Mercer Island permits, licenses and other approvals (i.e. business license, building
permit, administrative approvals, etc.).
    8. Each site occupied by a temporary encampment shall be left free of debris, litter, or other
evidence of the temporary encampment upon completion of removal of the use.
    9. The applicant shall submit a complete application for a temporary encampment permit at
least 90 days before the planned opening or any occupancy of the temporary encampment.
    10. The encampment shall be limited to a maximum of 100 persons, if all other conditions
are met. After the encampment reaches its 100 person capacity, any individual(s) who arrive
after sundown (and meet all screening criteria) will be allowed to stay for one night, after which
the individual(s) will not be permitted entry until a vacancy is available. Such occurrences shall
be logged and reported to the code official on a weekly basis.
    11. Because of their temporary nature, temporary structures within temporary encampments
shall not be required to meet the Design Review criteria of MICC 19.11 or 19.12. Any
permanent structures, as determined by the Code Official, shall meet all applicable Design
Review criteria, and receive any necessary Design Review permits. All temporary structures for
temporary encampments shall comply with the following design criteria:
        a. Temporary encampment structures shall be located a minimum of 20 feet from any
property line that abuts a residential property, unless otherwise approved by the Code Official.
All other setbacks and yards applicable to permanent structures shall apply to temporary
structures related to temporary encampments.
        b. A six-foot high sight obscuring fence, vegetative screen or other visual buffering shall
be provided between the temporary encampment and any abutting residential property and the
right-of-way. The fence shall provide a privacy and a visual buffering among neighboring
properties in a manner and material approved by the Code Official. The fence(s) shall not be
constructed of tarp, visqueen, or plastic sheeting. The Code Official shall consider existing
vegetation, fencing, topographic variations and other site conditions in determining compliance
with this requirement.
        c. Exterior lighting must be directed downward, away from adjoining properties, and
contained within the temporary encampment.
    12. No children under the age of 18 are allowed to stay overnight in a temporary
encampment. If a child under the age of 18 attempts to stay overnight at the temporary
encampment, the encampment managers shall immediately contact the temporary encampment
managing organization and Washington State Department of Social and Health Services Child
Protective Services, or its successor.
    13. The temporary encampment shall comply with all applicable standards of the Seattle-
King County Health Department, or its successor.

                                             AB 4492
                                             Exhibit 1
                                             Page 7
    14. The temporary encampment shall comply with all Washington State and City codes
concerning, but not limited to, drinking water connections, human waste, solid waste disposal,
electrical systems, cooking and food handling and fire resistant materials. Servicing of portable
toilets and trash dumpsters is prohibited between the hours of 10:00 pm and 7:00 am on
Mondays through Fridays, excluding legal holidays, and between the hours of 10:00 pm and 9:00
am on Saturdays, Sundays, and legal holidays, except in the case of bona fide emergency or
under permit from the Code Official in case of demonstrated necessity.
    15. The temporary encampment shall permit regular inspections by the City and King County
Health Department to check compliance with the standards for temporary encampments. The
Mercer Island Fire Department shall do an initial fire inspection and safety meeting at the
inception of the temporary encampment.
    16. All temporary encampments shall have services, such as food, water, and waste disposal,
provided by a temporary encampment sponsor and supervised by a temporary encampment
managing organization.
    Temporary encampment sponsor, shall sign a hold harmless agreement for the temporary
encampment.
    17. The temporary encampment managing organization shall maintain a resident log for all
who are residing at the encampment. Such log shall be kept onsite at the encampment.
Prospective encampment residents shall provide a government issued form of identification
when signing the log.
    18. The temporary encampment host, encampment sponsor, and encampment managing
organization shall ensure enforcement of a Code of Conduct at the temporary encampment site.
The Code of Conduct shall be in substantially the following form or address the following issues:
         a. Possession or use of illegal drugs is not permitted.
         b. No alcohol is permitted.
         c. No weapons are permitted.
         d. All knives over three and one-half inches must be turned in to the encampment
manager for safekeeping.
         e. No violence is permitted.
         f. No open flames are permitted.
         g. No trespassing into private property in the surrounding neighborhood is permitted.
         h. No littering on the Temporary Encampment site or in the surrounding neighborhood
is permitted.
Nothing within this section shall prohibit the encampment sponsor or encampment managing
organization from imposing and enforcing additional Code of Conduct conditions not otherwise
inconsistent with this section.
    19. The applicant shall obtain warrant and sex offender checks from the King County
Sheriff’s office or other relevant authority for all current camp residents within the seven days
prior to moving to Mercer Island, as well as from all new residents checking into the temporary
encampment. If said check reveals the subject is a sex offender or has an active warrant, the
applicant shall immediately contact the City of Mercer Island Police Department. To verify
compliance with this requirement, the City of Mercer Island Police Department may do random
warrant and sex offender checks on temporary encampment residents.
                                            AB 4492
                                            Exhibit 1
                                            Page 8
    20. Upon determination that there has been a violation of any decision criteria or condition of
approval, the code official may give written notice to the permit holder describing the alleged
violation. Within 7 days of the mailing of notice of violation, the permit holder shall show cause
why the permit should not be revoked. At the end of the 7 day period, the code official shall
sustain or revoke the permit. When a Temporary Encampment Permit is revoked, the code
official shall notify the permit holder by certified mail of the revocation and the findings upon
which revocation is based. Appeals of decisions to revoke a Temporary Encampment Permit will
be processed pursuant to RCW 36.70C. The availability of this procedure shall be in addition to
the procedures set out in MICC 19.15.030.
    21. The code official may require any other condition as necessary to mitigate impacts from
temporary encampments.
B. Permit Application. The applicant for a temporary encampment shall submit all of the
following, unless waived by the Code Official:
    1. General application form;
    2. A site plan, which extends 50 feet beyond the proposed site’s property boundaries, drawn
to scale showing all of the following:
        a. all existing structures;
        b. existing parking stalls;
        c. parking stalls proposed to be unavailable for parking vehicles during the Temporary
Encampment;
        d. all proposed temporary structures;
        e. proposed electrical and plumbing connections;
        f. location of trash receptacles, including trash dumpsters;
        g. location of toilets and other sanitary facilities;
        h. location and details of any proposed connection to wastewater, potable water,
stormwater, electrical supply, or other public or private utility systems;
        i. proposed and existing ingress and egress; and
        j. any permanent alterations on the lot, to the site, or structures;
    3. Proposed fencing detail or typical section;
    4. Written authorization from a temporary encampment organization on which the
temporary encampment is located;
    5. A hold harmless agreement, on a form approved by the City Attorney, with a signature of
the , temporary encampment sponsor;
    6. A copy of any agreements with other parties regarding use of parking, either on-site or
off-site;
    7. A copy of any agreement between the temporary encampment sponsor, temporary
encampment managing organization, and any schools and/or child care services;
    8. A copy of the Code of Conduct;
    9. Any other information deemed necessary by the Code Official for the processing of a
temporary encampment permit; and
    10. All applicable application filing fees in an amount established by city ordinance or
resolution.


                                             AB 4492
                                             Exhibit 1
                                             Page 9
C. Application Process. A Temporary Encampment Permit is an Administrative Action. In
addition to the requirements for the processing of Administrative Actions specified in MICC
19.15, the following additional procedures shall apply:
     1. Informal Public Meeting Required. The code official shall require an applicant to conduct
an informal public meeting to inform citizens about a proposed temporary encampment. When
required, the informal public meetings shall be held as early in the review process as possible
once a complete application has been submitted. Notice of the public meeting shall be provided
in the same manner as required for notice of the application, at least 10 days prior to the informal
public meeting, and combined with the notice of application whenever possible. Prior to the
public meeting, the temporary encampment sponsor and managing organization shall meet and
confer with the Mercer Island Police Department regarding the proposed security measures. At
the public meeting, a representative of the temporary encampment sponsor and managing
organization shall present in writing and describe the proposed temporary encampment
management security measures, and any input or comment received on the plan, including any
comment or input from the Mercer Island Police Department, or comment or input from schools
and/or child care services under subsection 2 of this section. Copies of the agenda, and other
materials shall be provided by the applicant at the meeting. The meeting shall be conducted on
the subject property whenever feasible.
     2. Additional Mailed Notice. The requirements for mailing the notice of application set
forth in MICC 19.15 shall be expanded to include owners of real property within 600 feet of the
lot(s) containing the proposed temporary encampment. Prior to any application for a temporary
encampment permit, the temporary encampment sponsor, or temporary encampment managing
organization shall meet and confer with the administration of any public or private elementary,
middle, junior high or high school within 600 feet of the boundaries of the lot(s) proposed to
contain the temporary encampment, and shall meet and confer with the operators of any properly
licensed child care service within 600 feet of the boundaries of the lot(s) proposed to contain the
temporary encampment. The temporary encampment sponsor and the school administration
and/or child care service operator shall make a good faith effort to agree upon any additional
conditions that may be appropriate or necessary to address school and/or child care concerns
regarding the location of a temporary encampment within 600 feet of such a facility. Any such
conditions agreed upon between the parties shall be submitted to the code official for
consideration, for inclusion within the temporary encampment permit. In the event the parties
fail to agree on any conditions, either party may provide the code official with a written
summary of the parties’ discussions, which the code official may consider in evaluating whether
the criteria for the temporary encampment permit are met, or the need for additional conditions
upon the temporary encampment permit, based on the applicable decision criteria.
D. Emergencies. The code official may waive these requirements when a catastrophic event
necessitates the immediate establishment of a temporary encampment.

Section 3.     Amendments to Chapter 19.06 MICC, General Regulations. MICC
               19.06.010(A) “Prohibited Uses” is hereby amended as follows:



                                             AB 4492
                                             Exhibit 1
                                             Page 10
19.06.010 Prohibited uses.
The following uses are prohibited in all zones except as specifically allowed below.
A. Portable toilets except for temporary encampments, emergency or construction use.
B. Electric fences or any device designed to give an electric shock to any person coming in
contact therewith.
C. Houseboats and watercraft used for habitation or commercial purposes.
D. Excavation and removal from the lot, as distinguished from grading on the lot, of black soil,
peat, sand, gravel or other natural deposits.
E. The use of any vehicle or trailer as a dwelling.
F. Any signs, except as permitted by this code, or other city or state regulation.
G. The lease of any dwelling or dwelling unit for a period of less than 30 days; provided, rooms
in a bed and breakfast, hotel, or motel may be leased for periods of less than 30 days.


Section 4.     Amendments to Chapter 19.09 MICC, Property Development. MICC
               19.09.010 “Preapplication and intake screening meetings” is hereby amended as
               follows:

19.09.010 Preapplication and intake screening meetings.
A. Preapplication meetings between the applicant, members of the applicant’s project team, and
city staff are required for all subdivisions or lot line revisions, shoreline substantial development
permits, shoreline deviations, variances, temporary encampments, and for any alteration of a
critical area or buffer, except those alterations that are identified as allowed uses under MICC
19.07.030(A)(1) through (5), (8) and (12). Preapplication meetings may be held for any other
development proposal at the request of the applicant.
…

Section 5.     Amendments to Chapter 19.09 MICC, Administration. MICC 19.15.010(E)
“General Procedures” is hereby amended as follows:
…
E. Summary of Actions and Authorities. The following is a nonexclusive list of the actions that
the city may take under the development code, the criteria upon which those decisions are to be
based, and which boards, commissions, elected officials, or city staff have authority to make the
decisions and to hear appeals of those decisions.

                               DECISION                                              APPEAL
        ACTION                                            CRITERIA
                              AUTHORITY                                            AUTHORITY
Ministerial Actions
Right-of-Way Permit        City engineer          Chapter 19.09 MICC             Hearing examiner
Home Business Permit       Code official          MICC 19.02.010                 Hearing examiner
Special Needs Group        Police chief           MICC 19.06.080(A)              Hearing examiner
Housing Safety
                                              AB 4492
                                              Exhibit 1
                                              Page 11
Determination
Lot Line Adjustment       Code official        Chapter 19.08 MICC           Hearing examiner
Permit
Design Review – Minor     Code official        MICC 19.15.040, Chapters     Design
Exterior Modification                          19.11 and 19.12 MICC         commission
Outside Town Center
Design Review – Minor Design commission MICC 19.15.040, Chapters            Hearing examiner
Exterior Modification in                19.11 and 19.12 MICC
Town Center
Final Short Plat          Code official        Chapter 19.08 MICC           Planning
Approval                                                                    commission
Seasonal Development      Building official or MICC 19.10.030,              Building board of
Limitation Waiver         city arborist        19.07.060(D)(4)              appeals
Development Code          Code official        MICC 19.15.020(L)            Planning
Interpretations                                                             commission
Shoreline Exemption       Code official        MICC 19.07.010               Hearing
                                                                            examiner*
Administrative Actions
Accessory Dwelling Unit Code official          MICC 19.02.030               Hearing examiner
Permit
Preliminary Short Plat    Code official        Chapter 19.08 MICC           Planning
                                                                            commission
Deviation (Except         Code official        MICC 19.15.020(G),           Planning
Shoreline Deviations)                          19.01.070, 19.02.050(F),     commission
                                               19.02.020(C)(2) and (D)(3)
Critical Areas            Code official        Chapter 19.07 MICC           Planning
Determination                                                               commission
Shoreline – Substantial   Code official        MICC 19.07.110               Shoreline hearings
Development Permit                                                          board
SEPA Threshold            Code official        MICC 19.07.120               Planning
Determination                                                               commission
Short Plat Alteration and Code official        MICC 19.08.010(G)            Hearing examiner
Vacations
Long Plat Alteration and City council via      MICC 19.08.010(F)            Superior court
Vacations                planning
                         commission


                                            AB 4492
                                            Exhibit 1
                                            Page 12
Temporary Encampment Code Official             MICC 19.06.090            Superior court

Discretionary Actions
Conditional Use Permit   Planning              MICC 19.11.130(2),        Hearing examiner
                         commission            19.15.020(G)
Reclassification         City council via      MICC 19.15.020(G)         Superior court
(Rezone)                 planning
                         commission*
Design Review – Major    Design commission MICC 19.15.040, Chapters      Hearing examiner
New Construction                           19.11 and 19.12 MICC
Preliminary Long Plat    City council via      Chapter 19.08 MICC        Superior court
Approval                 planning
                         commission**
Final Long Plat          City council via      Chapter 19.08 MICC        Superior court
Approval                 code official
Variance                 Hearing examiner      MICC 19.15.020(G),        Planning
                                               19.01.070                 commission
Variance from Short Plat Planning              MICC 19.08.020            City council
Acreage Limitation       commission
Critical Areas           Hearing examiner      MICC 19.07.030(B)         Superior court
Reasonable Use
Exception
Street Vacation          City council via      MICC 19.09.070            Superior court
                         planning
                         commission**
Shoreline Deviation      Planning              MICC 19.07.080            City council
                         commission
Shoreline Variance       Planning              MICC 19.07.110(C)(2)(d)   State Shorelines
                         commission                                      Hearings Board
Impervious Surface       Hearing examiner      MICC 19.02.020(D)(4)      Superior court
Variance
Legislative Actions
Code Amendment           City council via      MICC 19.15.020(G)         Growth
                         planning                                        management
                         commission**                                    hearings board
Comprehensive Plan       City council via      MICC 19.15.020(G)         Growth
Amendment                planning                                        management
                         commission**                                    hearings board
                                            AB 4492
                                            Exhibit 1
                                            Page 13
*Final rulings granting or denying an exemption under MICC 19.07.110 are not appealable to the
shoreline hearings board (SHB No. 98-60).
**The original action is by the planning commission which holds a public hearing and makes
recommendations to the city council which holds a public meeting and makes the final decision.

Section 6:    Severability. If any section, sentence, clause or phrase of this ordinance or any
              municipal code section amended hereby should be held to be invalid or
              unconstitutional by a court of competent jurisdiction, such invalidity or
              unconstitutionality shall not affect the validity of any other section, sentence,
              clause or phrase of this ordinance or the amended code section.

Section 7:    Ratification. Any act consistent with the authority and prior to the effective date
              of this ordinance is hereby ratified and affirmed.

Section 8:    Effective Date. This Ordinance shall take effect and be in force on 30 days after
              its passage and publication.


PASSED by the City Council of the City of Mercer Island, Washington at its regular meeting on
the _____ day of ______________, 20____ and signed in authentication of its passage.


                                                    CITY OF MERCER ISLAND


                                                    ________________________________
                                                    Jim Pearman, Mayor
ATTEST:


______________________________
Allison Spietz, City Clerk

Approved as to Form:


______________________________
Katie Knight, City Attorney

Date of Publication:




                                           AB 4492
                                           Exhibit 1
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AB 4492
Exhibit 2
Page 15
AB 4492
Exhibit 2
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AB 4492
Exhibit 2
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AB 4492
Exhibit 2
Page 18
AB 4492
Exhibit 2
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AB 4492
Exhibit 2
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AB 4492
Exhibit 2
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Community Meeting Regarding Tent City
October 22, 2009
Notes taken from attendees (scribes: Joyce Trantina and Joy Johnston)
(Notes are listed in the order in which they were spoken. Lines delineate the change in speaker. The
notes are only a summary.)


Jerry Bradshaw

Increased traffic and disruption to neighborhood.

Concerns regarding #6, #19, #20 of Ordinance. Violations should be resolved within 48 hours or camp
closed.

Utilize professional security patrols versus untrained (TC patrols).

Concerns regarding reduced property values to neighboring homes.

No follow-thru with neighbors by Church.

What did Tent City cost all City Depts.?

All neighborhoods should take turns, versus the same host.

Some may believe it is the City’s duty to bring back Tent City.



Steve Bryan – 2426 70th Ave SE

Appreciate the meeting with First Hill neighborhood, process has been constructive.

Smoking area – should be addressed in the Ordinance, need to limit the amount of impact on the
neighborhood..

Need to address delivery services (early morning servicing of sani-cans, and other services) were
disruptive to neighbors.




Mercer Island Presbyterian Church – 100+ people signed up to provide meals for TC while they were
here (ages 3 to 70). All of their feedback about the experience of having TC on Mercer Island has been
positive.




                                                 AB 4492
                                                 Exhibit 3
                                                 Page 21
Where in the process does the Church/Synagogue actually extend the invitation?



Chuck Hodge

Regarding the map – does the regulation limit a church, based on public transportation?



Steve Case – 4250 Shoreclub Drive

Does the 12 month time period in the Ordinance count from the beginning (when TC arrives) or the end
(after TC leaves)?

Jessica Prince

Family spent time at the camp and made connections with the people living there – positive experience
to be with them. Would Tent City be able to come back? Is the Ordinance structured in such a way so
as to make it difficult for TC to ever return to MI?



Dale Sewell – 9535 Mercerwood Drive

No interest in having TC coming back more than once a year or returning to the same neighborhoods.
Some congregations had concerns regarding the one mile distance (i.e. if one church hosts, will the
other 11 churches be restricted from hosting for 12 months? ). Isn’t this unconstitutional? Would any
other sites be eliminated because of the ordinance?

Good process – the City should meet with the Clergy Association to discuss the Ordinance and talk about
constitutional issues/concerns.

Rev. Leslie Ann Knight – 6616 SE 24th St.

Need a parking regulation in the Ordinance. Most development/building projects require “more than
enough” parking, i.e. the churches have plenty of parking capacity.

Timeline looks too long – TC is often “emergency housing” – a mandatory time of 3 months preparation
seems too long – how does that compare to other cities?.

Will this Ordinance afford the church’s some protection from litigation?



Legend of map - 600’ to school site, what are the implications for TC? What if the issues can’t be
resolved?

                                                AB 4492
                                                Exhibit 3
                                                Page 22
Is the one year restriction more restrictive? Versus the language in the Temporary use Agreement –
(Tent City can’t come anywhere on the Island for one year).

Tara Johnson

Ordinance Issues:

#6 – would prefer 18 months (like Bellevue)

#20 – 14 days too generous, would like 48 hours to resolve

#17 – need to be more specific regarding “reasonable verification”

Requirement of host church to hold monthly meetings with neighbors.

Security patrols should be prohibited like Redmond and Kirkland, especially in the middle of the night.

Parking – add language to address overflow issues (blocking neighbors driveways, etc.)

Karen Morris, Bellevue

Fence – more than appearance, but is meant to provide one point of entrance/exit for TC residents.

Hold Harmless provision, but no requirement for liability insurance.

Should be meetings with schools – concern about cooperation with school requests.

City staff should not refer to “proponents” and “opponents” - too demeaning.

Ira Appleman

Ordinance refers to temporary encampments (not specifically Tent City). What about Boy Scout
Jamborees?

Should this be a Conditional use Agreement instead of an Ordinance?

Don’t write an Ordinance for one specific use/organization.




                                                AB 4492
                                                Exhibit 3
                                                Page 23
                      Memorandum
                      City Attorney’s Office



Date:            October 1, 2009

To:              City Planning Commission

From:            Katie Knight, City Attorney

RE:              Overview of 2008 Tent City Experience


                              I. 2008 TENT CITY EXPERIENCE

      A. LEGAL

      1. Factual Background

        The Mercer Island United Methodist Church (“Church”) invited the nonprofit
organization SHARE/WHEEL, organizer and manager of Tent City 4, to establish a Tent City
encampment on the Church’s property for three months beginning August 5, 2008. The Church’s
pastor, congregational leaders, and SHARE/WHEEL signed a Temporary Use Agreement
(“Agreement”) with the City after a small amendment was made during the City Council meeting
on June 16, 2008.

        Based on the extensive litigation with Eastside communities in the past, the City
determined that it was unlikely to prevail on forbidding such an encampment if the Church
invited Tent City 4. The City also determined that it was likely to obtain more favorable
conditions to the City if it entered into a voluntary agreement with SHARE/WHEEL and the
Church.

          The Temporary Use Agreement contained the following terms:
      •   There will not be more than one encampment on Mercer Island in a calendar year at the
          Church and the duration of any stay will not exceed three months.
      •   The location and visual screening of the camp will afford privacy for Tent City residents
          and neighbors.
      •   No more than 100 people will stay at the camp.
      •   The church will manage parking at weekly services to minimize spillover onto
          neighborhood streets.
      •   No children under the age of 18 will reside in the Tent City encampment.
      •   A stringent code of conduct will be enforced and SHARE/WHEEL and the Church will
          comply with all lawful City and State codes.

                                               AB 4492
                                               Exhibit 4
                                               Page 24
   •   The identity of all camp residents will be verified, and warrant and sex offender status of
       prospective residents will be checked. Any positive results reported to the MI Police
       Department.
   •   No sex offenders will be allowed to stay at the encampment.
   •   The Church and Tent City managers will allow regular inspections by the City (Fire,
       Police and DSG) and the King County Health Department.
   •   The Church and SHARE/WHEEL agreed to a hold harmless and indemnification
       provision.

        Pursuant to the Agreement, the Church held a public informational neighborhood meeting
approximately one month prior to establishment of the encampment, with notice of the meeting
published in the MI Reporter and delivered to nearby residents/owners two weeks prior to the
meeting.
        Prior to Tent City 4’s arrival, the City, Church and SHARE/WHEEL were sued by a
group calling themselves Citizens for Fair Process. Ultimately, the trial court dismissed the
group’s claims. The dismissal of the case has been appealed. Tent City 4 moved to Mercer
Island in August, 2008 for about 90 days.

   2. Constitutional Issues

    As is discussed more fully below, courts across the nation have recognized the activities of
feeding the hungry and sheltering the homeless as core religious activities. For example, the
court reviewing Tent City’s arrival at St. Brendan’s in Bothell found as a matter of law that “St.
Brendan’s use of its property for the purpose of sheltering the homeless constitutes the exercise
of religion and is protected by the First Amendment of the United States Constitution and Article
1, Section 11 of the Washington State Constitution.”

       A.      The Washington State Constitution Bars Government Restrictions on the
               Exercise of Religious Duties on Church Property Unless a Compelling
               Governmental Interest Demands Intervention.

         Article 1, Section 11 of the Washington State Constitution ensures “[a]bsolute freedom of
conscience in all matters of religious sentiment, belief, and worship” to “every individual” and
guarantees that “no one shall be molested or disturbed in person or property on account of
religion.” This guarantee of free exercise – significantly stronger than the corresponding
provision in the federal Constitution – “is ‘of vital importance.’” First Covenant Church of
Seattle v. City of Seattle, 120 Wn.2d 203, 226, 840 P.2d 174, 186-87 (Wash. 1992). If the
“coercive effect of [an] enactment” operates against a party “in the practice of his religion”, it
unduly burdens the free exercise of religion. A facially neutral, even-handedly enforced statute
that does not directly burden free exercise may, nonetheless, violate Article 1, section 11, if it
indirectly burdens the exercise of religion. State action is constitutional under the free exercise
clause of article 1 if the action results in no infringement of a citizen’s right or if a compelling
state interest justifies any burden on the free exercise of religion. Id. at 226, 840 P.2d at 187
(citations omitted; alterations and omissions in the original); see also Munns v. Martin, 130
Wn.2d 192, 200, 930 P.2d 318, 321 (Wash. 1997); City of Sumner v. First Baptist Church, 97
Wn.2d 1, 5, 639 P.2d 1358, 1361 (Wash. 1982).


                                             AB 4492
                                             Exhibit 4
                                             Page 25
        “A ‘compelling interest’ is one that has a ‘clear justification . . . in the necessities of
national or community life’, that prevents a ‘clear and present, grave and immediate’ danger to
public health, peace and welfare.” First Covenant, 120 Wn.2d at 226-27, 840 P.2d at 187
(citations omitted; emphasis added). The interest must be "paramount." Sherber v. Verner, 374
U.S. 398, 406 (1963). The test also focuses on the means used to accomplish the asserted
interest: “The State also must demonstrate that the means chosen to achieve its compelling
interest are necessary and the least restrictive available.” First Covenant, 120 Wn.2d at 227, 840
P.2d at 187. The least restrictive means element is virtually impossible to satisfy when
reasonable alternatives exist that would advance the government’s interests without sacrificing
the religious exercise at issue. In effect, this means that the courts will examine the regulations
on a case-by-case basis, and the City will have to show that its regulations were the minimum
necessary to achieve its interests in the health, safety and welfare of its citizens. The regulations
cannot be such that the use ends up being prohibited if there is a way to achieve the use while
protecting the health, safety and welfare of citizens.

          The Washington State Supreme Court, in a 9-0 decision, most recently declared that
numerous cases before it have already decided that the state constitution “absolutely protects the
free exercise of religion, [and] extends broader protection than the first amendment to the federal
constitution…” First Covenant Church v. City of Seattle, 120 Wn.2d 203, 229-30, 840 P.2d 174
(1992). The court concluded that the religious organizations have more protection under
Washington’s constitution and did not go further to determine whether there was violation of
RLUIPA. Under this decision, Cities may regulate concerns for safety, noise, and crime but may
not outright deny consideration of permitting. City of Woodinville v. Northshore Church of
United Christ, WA Supreme Court slip opinion, July 16, 2009.

         Although the Woodinville court determined that it only needed to base its decision on
the Washington State Constitution, a review of the U.S. Constitution assists in understanding the
concerns regarding regulating ministry to the homeless.

       B.      The Free Exercise Clause Of The First Amendment To The United States
               Constitution Bars Government From Interfering With A Church’s Ministry
               To The Homeless Unless A Compelling Governmental Interest Demands
               Intervention.

        Like the Washington Constitution, the United States Constitution proscribes
governmental action that infringes on the ability of churches to exercise the mandates of their
faith. The First Amendment both guarantees the right of free exercise of religion and provides
that government may not establish or otherwise control religion. See U.S. Const. Amend I.

        The same compelling governmental interest test applied by the Washington courts also
applies under the First Amendment where, as in most land use matters, individualized
exemptions to otherwise generally applicable rules are allowed in the discretion of government
officials. In the case of Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520,
(1993), the United States Supreme Court held:

               As we noted in Smith, in circumstances in which individualized
               exemptions from a general requirement are available, the government

                                              AB 4492
                                              Exhibit 4
                                              Page 26
               “may not refuse to extend that system to cases of ‘religious hardship’
               without compelling reason.”

508 U.S. at 537. Thus, the Free Exercise clause of the First Amendment prohibits enforcement
of zoning regulations that place a substantial burden on the exercise of religion unless the land
use authority demonstrates that the regulations are necessary to further a compelling
governmental interest (i.e., prevention of a clear, present, grave and immediate danger to public
health, peace and welfare) and that the least restrictive means necessary to further that
governmental interest are employed.

       C.      RLUIPA Bars Government Restrictions On The Exercise Of Religious
               Duties On Church Property Unless A Compelling Governmental Interest
               Demands Intervention.

       After finding substantial evidence of widespread discrimination against religious uses of
land, Congress unanimously passed the Religious Land Use and Institutionalized Persons Act of
2000 (“RLUIPA”). RLUIPA bars enforcement of any local land use law or regulation that fails
the “compelling state interest” test:

               No government shall impose or implement a land use regulation in a
               manner that imposes a substantial burden on the religious exercise of a
               person, including a religious assembly or institution, unless the
               government demonstrates that imposition of the burden on that person,
               assembly, or institution –

                       (A) is in furtherance of a compelling governmental interest; and

                       (B) is the least restrictive means of furthering that compelling
                       government interest.

42 U.S.C. 2000cc § 2(a)(1).

         RLUIPA specifically permits aggrieved churches to challenge enforcement actions that
burden the free exercise of religion. See id., § 4(a). As under the constitutional standard, once a
church produces evidence demonstrating a burden on the exercise of religion, it is the
government’s burden to justify its actions under the compelling governmental interest test. See
id., § 2(a)(1)(A)-(B); § 4(b); § 8(2). RLUIPA is to “be construed in favor of a broad protection
of religious exercise, to the maximum extent permitted by the terms of this Act and the
Constitution.” Id., § 5(g) (emphasis added). Anyone who successfully asserts a RLUIPA claim
is entitled to an award of attorney's fees. See id., § 4(d); 42 U.S.C. § 1988(b).

        The Act broadly defines the term “land use regulation” to mean any “zoning . . . law, or
the application of such a law, that limits or restricts a claimant’s use … of land.” Id., § 8(5).
RLUIPA defines "religious exercise" to include "any exercise of religion, whether or not
compelled by, or central to, a system of religious belief." Id.,§7(A). While the Act does not
define “substantial burden,” courts have repeatedly interpreted the term in similar contexts.
Among other things, “a substantial burden on the free exercise of religion . . . is one that forces

                                              AB 4492
                                              Exhibit 4
                                              Page 27
adherents of a religion to refrain from religiously motivated conduct . . . ”. Mack v. O’Leary, 80
F.3d 1175, 1179 (7th Cir. 1996), certiorari granted, judgment vacated on other grounds, 522
U.S. 801 (1997); see also Brown-El v. Harris, 26 F.3d 68, 70 (8th Cir. 1994) (government action
that forces religious adherents “to refrain from religiously motivated conduct” substantially
burdens religious exercise); Werner v. McCotter, 49 F.2d 1476, 1480 (10th Cir. 1995) (action
that “significantly inhibit[s] or constrain[s] conduct or expression that manifests some central
tenet of a [person’s] individual beliefs” substantially burdens religious exercise).

        Section 5(e) of RLUIPA makes it clear that Congress intended land use authorities to be
flexible in accommodating churches' free exercise of religion. That section states:

               A government may avoid the preemptive force of any provision of this Act
               by changing the policy or practice that results in a substantial burden on
               religious exercise, by retaining the policy or practice and exempting the
               substantially burdened religious exercise, by providing exemptions from
               the policy or practice for applications that substantially burden religious
               exercise, or by any other means that eliminates the substantial burden.

Id. §5(e). Thus, the Act specifically provides that a land use regulator may comply with RLUIPA
and accommodate a church’s exercising the mandates of its religion by recognizing higher
standards of regulation in connection with homeless ministries. Here, the City used its inherent
ability to contract in order to accommodate the flexibility dictated in RLUIPA. Just as
development agreements are entered into by the City and private entities in order to address such
issues, the City entered into the Temporary Use Agreement with the Church and with
SHARE/WHEEL to accommodate the Church’s exercise of the mandates of its religion while
regulating concerns about the health, safety and welfare of its citizens and the Tent City 4
residents.

        State and Federal law supersede the City’s municipal code. If the City’s code is in
conflict with these superior laws, then those laws govern and the City cannot prohibit the
activity. Even if the City code is silent with regard to Temporary Homeless Encampments,
federal law and state law mandate that the City not impose burdens to hinder this activity.

       Given the Church’s stated intent to host Tent City 4 on its property, the City’s authority to
prohibit this impending encampment was at best uncertain. The King County Superior Court’s
June 10, 2004 decision reflected this tenuous legal landscape by refusing to grant the City of
Bothell’s request for a preliminary injunction, even where Tent City 4 had established its
homeless encampment unlawfully and without the requested local permits. The City of Mercer
Island was entitled to rely upon the experiences of other municipalities (e.g., Bothell) in
determining an appropriate response to the encampment’s arrival at the Church. See, e.g., City of
Renton v. Playtime Theatres, Inc., 475 U.S. 41, 51-52 (1986). The ultimate wisdom of the City
Council’s responsive policy is not properly subject to review. See, e.g., Davis v. exrel. Dept of
Licensing, 137 Wn.2d 957, 976, n.12, 977 P.2d 534 (1999).




                                             AB 4492
                                             Exhibit 4
                                             Page 28
   B. DSG Experience with Tent City

   1. Title 19 MICC – Unified Land Development Code

         Title 19 of the Mercer Island City Code (MICC) regulates the manner in which land is
used and developed throughout the island. This includes the types of land uses allowed in
various locations and the allowed or required physical attributes of those uses. The R-9.6 zoning
district is intended primarily for single family residential use. Certain non-residential uses
considered to be supportive of a residential environment (e.g., schools and places of worship) or
needing a residential environment to operate effectively (e.g., special needs group housing) are
also allowed either outright or through a “conditional use” review process.

Title 19 does not specifically address the appropriate location or required attributes of temporary
homeless encampments such as Tent City 4. Section 19.06.010 of the city code specifies uses
that are prohibited, but the list of prohibited uses does not include temporary homeless
encampments or any similar use.

Experience: As discussed elsewhere in this report, the legal right of religious organizations to
host such temporary homeless encampments has been recognized by the courts. Based upon this
right and the provisions of the Title 19 described above, it was determined that nothing within
the City’s land use regulations would prevent or specify the conditions under which MIUMC or
another place of worship could host Tent City 4.

In light of the lack of specific guidance within Title 19 regarding the conditions under which a
temporary homeless encampment might operate, City staff worked with MIUMC, Share/Wheel
and Tent City 4 to include in the Temporary Use Agreement requirements typically applied to
other allowed uses. These include: property line setbacks and screening or visual buffering;
exterior lighting; density or intensity of use (maximum number of residents); and parking.
Provisions included in the Agreement were based, to the extent deemed appropriate, on
requirements for similar uses and situations under the Title 19.

Setbacks and Screening. The Temporary Use Agreement established requirements that Tent City
4 must be located at least 20 feet from any abutting residential property, and that a sight-
obscuring fence and/or vegetation shall be provided within this area. These requirements were
based partly on the perimeter screening requirements for “Multifamily Development” uses
located adjacent to “Single-Family Residential ” uses as specified by MICC 19.12.040.B.7.
These requirements were met by Tent City 4 with the exception of a minor encroachment on the
20 feet setback that was immediately remedied after the encampment was notified of the
problem.

Exterior Lighting. The Temporary Use Agreement established requirements that exterior
lighting associated with Tent City 4 must be directed downward, away from adjoining properties
and contained within the temporary homeless encampment. This provision was based partly on
MICC 19.12.070, which requires that exterior lighting for regulated developments must be
shielded or located to confine light spread and the associated negative impacts within the site
boundaries. The City received no recorded complaints regarding light spillover impacts on
surrounding properties.

                                             AB 4492
                                             Exhibit 4
                                             Page 29
Density/Intensity of Use. In the Agreement, Tent City 4 was limited to a maximum of 100
persons, but still must meet all setbacks as well as health and safety issues. The Agreement
stated that in exigent circumstances, this number could be exceeded if a person or persons seek
shelter overnight.

Parking. The Agreement required a minimum of 26 off-street parking stalls on Saturdays,
Sundays and after 6:00 p.m. on weekdays. A minimum of 8 off-street parking stalls were
required at all other times.

Portable Toilets. MICC 19.06.010 prohibits the use of portable toilets except for emergency or
construction use. In the case of Tent City 4 at MIUMC, portable toilets were allowed as a
reasonable and necessary accommodation. The Temporary Use Agreement required portable
toilets that were serviced on a regular basis. There was concern by neighbors regarding odors
from the toilets, and servicing prior to 7:00 a.m.


Chapter 15.14 MICC – Unlawful Cross-Connections

Description: Chapter 15.14 regulates connections to the use of City utilities.

Experience:

Water system backflow prevention. Potable water was supplied to Tent City 4 by a hose
connection to an existing hose bib on the exterior of the church building. Under the provisions
of MICC 15.14.030 Backflow Prevention Devices Required, it was determined that appropriate
backflow prevention was advisable to prevent any potential for water system contamination. An
approved backflow prevention device was installed by Tent City 4. This device was inspected
and approved by the city’s certified cross-connection control inspector and its continued use was
verified by other inspectors on several occasions throughout the Tent City stay.

Sanitary sewer connection. Grey water from a portable shower facility and hand washing
stations was collected in a sump and pumped to a sanitary sewer connection in MIUMC property.
This system and the connection were inspected and approved by the city utilities inspector. On
one occasion power to the sump pump was inadvertently disconnected and a small quantity of
grey water overflowed the sump but did not leave the site. The issue was immediately resolved
upon notification of Tent City 4.

(ix) Compliance with Codes. SHARE/WHEEL and the Church shall comply with lawful
Washington State and City codes concerning but not limited to, drinking water connections,
human waste, solid waste disposal, electrical systems, cooking and food handling and fire
resistant materials.




                                             AB 4492
                                             Exhibit 4
                                             Page 30
   C. Police Experience with TC4

        Prior to Tent City’s arrival on Mercer Island in 2008, the City’s Police Department had no
direct experience with Tent City. Upon learning that Tent City may come to Mercer Island, the
department reached out to other Police Departments in the area and requested a summary of their
experience with the encampment in their communities. The Police Chief also interviewed
several of the Police Chiefs, and did on-site visits of the encampment in Bellevue. Subsequently,
the department drafted its Police Department Response Plan, wherein roles and responsibilities
were outlined for the Police Chief, the Police Liaison, the Patrol Section, the Criminal
Investigations Section, and the Records Section.

        The Police Department took the presence of Tent City very seriously, and dedicated
resources to this encampment and the surrounding neighborhoods. In addition to general patrols
of the area, officers also physically walked through the encampment 287 times during the three-
month stay. The residents of Tent City welcomed the officers, and appreciated the time they
spent with them. The residents in the surrounding neighborhoods also appreciated the extra
presence of the patrol officers.

       A detective was assigned as the Police Department’s Tent City Liaison, which proved
very helpful in many ways. He was able to build relationships with the residents of the
encampment as well as the residents of the surrounding neighborhoods. He provided a consistent
point of contact, and he was able to develop a solid understanding of the concerns that
surrounded the encampment.

        The Police Officers made a total of nine arrests of Tent City residents. Five arrests were
for outstanding warrants, two were for traffic offenses, one was for violation of a No Contact
Order, and one was for a Domestic Violence assault. In addition to these five arrests, the officers
also took 15 other reports ranging from graffiti and littering to reports of water balloons being
tossed into Tent City. None of these reports were for felony crimes.

       The extra efforts relating to Tent City added to the Department’s daily workload, but it
did not prove to be over- burdensome. Officers shifted their focus for portions of their shifts to
the First Hill neighborhood rather than other areas of the city. However, this focus did not
prevent officers from addressing calls for service in other areas of the city. Overall, the Police
Department was able to effectively manage their core mission of protecting all the residents of
this community.

   D. Fire Department Experience with Tent City

        Mercer Island Fire Department (“MIFD”) did not have any experience with a group such
as Tent City 4 prior to their arrival in August 2008. In order to prepare for Tent City’s arrival,
MIFD contacted several neighboring departments who had dealt with the challenges associated
with having the camp in their operations area. MIFD discovered that every department reported
Tent City 4 had very little impact on call volume and services including, both fire and EMS.
        After Tent City 4’s arrival, the Fire Marshal worked closely with the Tent City 4 staff and
several city staff to ensure that the encampment complied with all appropriate fire codes. Tent

                                             AB 4492
                                             Exhibit 4
                                             Page 31
City 4 residents and staff were found to be very helpful and compliant with all MIFD and Fire
Marshall requirements. Duty crews were asked to perform walk-through inspections and area
familiarization on a daily basis to increase safety for the residents and our staff.

       The following is a brief summary of the fire department’s experience with Tent City 4:
          • Walk Throughs
                 o Duty Crews - 32
                 o Fire Marshal - 4
                 o Deputy Chief - 2
                 o Fire Chief - 1
          • EMS Calls
                 o Approximately - 4
          • Fire Calls
                 o None
          • Service Calls
                 o None

Overall, Tent City 4 had a minimal impact on the calls for service to the Fire Department.

   E. Communication Experience with Tent City

       The possibility of hosting Tent City on Mercer Island was first introduced to the public in
the Mercer Island Reporter on June 13, 2007 in an article submitted by the Mercer Island Clergy
Association. The news was subsequently repeated in the Seattle Times and other major regional
media.     At that time, the City established a dedicated Tent City webpage at
www.mercergov.org/tentcity.

        In mid-May of 2008, Mercer Island United Methodist Church (MIUMC) announced its
intention to host Tent City 4. As details unfolded, the City worked closely with MIUMC to
establish a process of public notification. On May 30, 2009, MIUMC submitted a press release
to the Mercer Island Reporter. An article titled “Tent City Coming in August to Island” appeared
on the front page of the June 4, 2008 edition. In addition, Rev. Dale Sewall published an article
in the same edition of the Mercer Island Reporter on behalf of the Mercer Island Clergy
Association. The news was also repeated in major media, including KING 5 and KOMO. On
June 11, 2008 notice of the City Council Meeting at which the Temporary Use Agreement for
Tent City would be discussed was published in the Mercer Island Reporter.

       The Temporary Use Agreement required that SHARE/WHEEL and the church conduct a
neighborhood meeting a minimum of 20 calendar days prior to the opening date of the temporary
homeless encampment, and that notice of the meeting be provided to residents within 600 feet of
the church. SHARE/WHEEL and MIUMC hosted a public meeting on July 9, 2008. Notice of
the meeting was hand-delivered to all residents within 600 feet of the church.

        Throughout the time leading up to and throughout Tent City 4’s stay on Mercer Island,
the City updated information on the City’s website and published information in the City’s
weekly e-newsletter, MI Weekly, which is distributed to about 500 subscribers throughout the
Island. The City’s Communications Coordinator became the primary contact for media inquiries,

                                            AB 4492
                                            Exhibit 4
                                            Page 32
and the story continued to garner attention of regional media including KUOW and major
network stations. Citizen comments were received through email, phone calls and during the
appearances portion of City Council meetings.        From June through December 2008,
approximately 110 comments were heard from 83 individuals at Mercer Island City Council
Meetings.

      City staff has responded and continues to respond to public records requests for
documents regarding Tent City.


                                     II. CONCLUSION


Staff will continue to bring more information to the Planning Commission at the November 18,
2009 hearing, after more input is received from the community at large at the October 22, 2009
community meeting.




                                          AB 4492
                                          Exhibit 4
                                          Page 33
                   Memorandum
                   City Attorney’s Office



Date:         October 1, 2009

To:           City Planning Commission

From:         Katie Knight, City Attorney

RE:           Overview for Discussion of Temporary Encampment Regulations


                                        I. OVERVIEW

        The briefing on October 7 is intended to provide the Planning Commission with an
overview of the draft temporary encampment ordinance, and to provide feedback on the
experience of Tent City 4 when it came to the City last year. The formal public hearing on the
ordinance itself will be held November 18, 2009. The meeting tonight is informational only.
The draft ordinance is provided to present a context for discussion for future regulation of
temporary encampments, based upon the experience from last year. At this early point, it does
not represent a “staff recommended ordinance.” It merely represents a starting point for the
Commission’s and community’s discussion.

      A. Background

    For three months beginning in August of 2008, the Mercer Island United Methodist Church
hosted Tent City 4, a temporary homeless encampment managed by SHARE/WHEEL, a non-
profit homeless advocacy organization. At the June 20, 2009 Council Mini-Planning Session, the
City Council directed staff to prepare a draft ordinance for Council’s consideration. The City
Council asked to have an ordinance ready to pass by January 31, 2010. The Council directed
staff to hold a public meeting with the First Hill neighborhood to receive their input and
perspective regarding their experiences related to the 2008 hosting of Tent City, as well as a
community wide public meeting to respond to the draft ordinance.

   City staff held a public meeting on August 25th at the Mercer Island United Methodist
Church to receive input from the greater First Hill Neighborhood. On October 22, the City will
hold a community-wide open house at the Community Center at Mercer View (“CCMV”) to
provide a forum for additional public input, to discuss the lessons learned from the Tent City
experience, and to provide an overview of the draft Temporary Encampment ordinance. The
major areas of discussion will include:


                                            AB 4492
                                            Exhibit 5
                                            Page 34
   •   Legal Structure
              Legal/constitutional requirements
              Legal precedent
   •   Communications
              Public noticing of neighbors, community
              Opportunities for public involvement
   •   Location of future Tent City
              Regulatory issues
              Benefits/concerns of site
   •   Public Safety
              Fire safety
              Enforcement
              Emergency medical services
              Public health
   •   Compliance
              City code requirements
              City Ordinance
              Tent City Code of Conduct

   B. EXHIBITS

       1. Exhibit A is the draft Temporary Encampment Ordinance.

       2. Exhibit B is the process timeline.

       3. Exhibit C is a map of the City identifying the location of the religious institutions
          which may potentially host a temporary encampment and their relation to transit
          stops, schools and daycares.

       4. Attached as Exhibit D is a comparison chart of the proposed ordinance and other
          Eastside City Ordinances. Note that the comparisons are being drawn to the actual
          ordinances themselves, not to subsequent permits issued pursuant to those ordinances.
          (The Issaquah example is a mix of the ordinance and the conditions placed on the
          permit under the broad “any mitigation necessary” provision as Temporary
          Encampments are shoehorned into Temporary Use Permits.)


                                 II. DRAFT ORDINANCE

        The Washington Supreme Court has unanimously determined that religious organizations
are allowed to minister to the homeless, so there is no ability by municipalities to completely
prohibit temporary encampments at churches. Municipalities are permitted, however, to regulate
such temporary use based on health, safety and welfare issues. In the land use realm, a number
of strategies exist which allow local governments to address regulation of temporary uses, such
as through temporary use agreements, permits, or ordinances. The temporary use agreement is
useful in negotiating specific issues which have not been encountered previously. Some uses

                                           AB 4492
                                           Exhibit 5
                                           Page 35
may be generally authorized by ordinance, but any regulations are provided specifically in the
temporary use permit itself. Some ordinances permit the use and contain the regulations within
the body of the ordinance itself, and may not require a permit. Other ordinances do a blend of
both.

        In reviewing temporary encampment regulations of other eastside municipalities, some
choose to address the health, safety and welfare issues within the ordinance itself. Others address
such regulations via temporary use permits. The draft ordinance provided by Mercer Island staff
puts the majority of regulations within the ordinance, while allowing flexibility for the Code
Official to adopt additional requirements in the permit itself based on the location of the
temporary encampment. A matrix is attached to demonstrate the draft ordinance compared to
other cities’ ordinances (as opposed to temporary permits). Again, the Code official may require
additional site specific conditions in the permit which are not currently identified in the draft
ordinance.

       The key provisions of the draft Temporary Encampment Ordinance are as follows:

           •   Maximum stay of 90 days at one location, in any 12 month period
           •   No permit is granted for a temporary encampment proposed to commence on site
               within one mile of any site that contained a temporary encampment within the last
               12 months
           •   Although Design Review would not apply for temporary encampments, screening
               and setback provisions are required.
           •   Temporary Encampments cannot reduce a site below the minimum allowed
               parking requirement for the other uses on the site.
           •   Public notice is required for all property owners within 600 feet, rather than the
               standard 300 feet.
           •   The Code Official has the discretion to require an informal neighborhood meeting
               during the comment period.
           •   Criminal background Warrant and sex offender checks are required of Temporary
               Encampment residents.
           •   Maximum amount of 100 persons.
           •   Compliance with Seattle-King County Health requirements and all state and city
               codes regarding drinking water connections, solid waste disposal, electrical
               systems, cooking and food handling and fire resistant materials.
           •   Hold harmless agreement required.
           •   Compliance with code of conduct.


        Some other elements for discussion were not included in the current draft ordinance for a
variety of reasons. Some are more appropriate for site-specific issues and can be addressed in the
temporary encampment permit. Others are addressed through other code requirements. Some
are likely to be considered unconstitutional. Those proposals are as follows, with some italicized
commentary as appropriate:

           •   Permit fee: (highest cost in other cities is approximately $1600)

                                             AB 4492
                                             Exhibit 5
                                             Page 36
•   Identification of Adverse Effects. “ The applicant shall identify potential adverse
    effects of the proposed temporary encampment on neighboring properties and the
    community and shall develop measures to mitigate such effects. The applicant
    shall submit a temporary encampment impact mitigation plan with the permit
    application. The plan shall contain a narrative and drawing(s) that describe, to the
    satisfaction of the community development director, the measures the applicant
    will use to mitigate the effects of the temporary encampment. At a minimum, the
    plan shall specifically describe the measures that will be implemented to satisfy
    the approval criteria provided in the MICC except for criteria specifically waived
    by the Code Official. The plan shall include a code of conduct and the names and
    phone numbers of all persons comprising the applicant. The form and mitigation
    plan shall be as specified by the community development director, but the
    elements of the plan shall be bound together. The approved temporary
    encampment impact mitigation plan shall be signed by the Code Official and the
    applicant and implementation and enforcement shall be a condition of the permit
    approval.”: (such adverse effects addressed via the ordinance and site-specific
    permit)
•   Smoking requirements. Any established area for smoking shall conform to the
    following stipulations:
        A. Noncombustible, approved ashtrays shall be provided;
        B. A “designated smoking area” sign shall be posted
        C. The area shall be located as far from the tent area as possible, the location
            will be subject to inspection by Fire Marshal Office.
            (smoking requirements addressed via site-specific permit)
•   Tent requirements: “Tents over 200 sf shall be flame treated.” (already addressed
    via requirement for compliance with codes/site-specific permit)
•   Conduct and Security Requirements: “Any temporary encampment shall comply
    with the City regulations regarding lawful behavior set forth in Mercer Island
    Code. Any temporary encampment shall provide all required legal access to public
    areas of the site by the City of Mercer Island Police Department and any other
    relevant law enforcement agency at all times.”: (already required) “ Additionally,
    where deemed necessary by the Development Director or the Police Chief, the
    applicant shall provide for the following:
    1. Verifiable Identification Required: The applicant shall take all reasonable and
        legal steps to obtain verifiable identification, such as a valid driver’s license,
        government issued identification card, military identification card, or passport,
        from all prospective and current camp residents.
    2. Other individuals who are turned away from the camp shall be handled as
        follows:
    3. A) Applicant shall walk the individual to the bus stop and wait with them until
        the bus arrives;
        B) A camp vehicle shall be used to drive the individual to the closest
        available bus service or
        C) A taxi or volunteer driver shall be called and the homeless encampment
            security workers shall be available to wait with the person. Taxi vouchers
            shall be available from sponsor when buses are not operating:

                                  AB 4492
                                  Exhibit 5
                                  Page 37
                      (may be addressed in site-specific permit)
          •   Sidewalk monitor requirement. “Host shall provide sidewalk monitors during
              normal hours when elementary, junior high or high school students are going to
              and from the bus stops.” (may be addressed in site-specific permit)
          •   Prohibition of neighborhood security foot patrols. “Residents and guest of
              encampment shall not perform neighborhood security foot patrol into the
              adjoining residential neighborhood.”: (Unconstitutional to prohibit freedom to
              move about on public right-of-ways and public areas)
          •   Prohibition of Neighborhood Trash Patrols: “Neighborhood and trash patrol by
              residents and guests of encampment in adjoining residential neighborhood is
              prohibited.”: (Unconstitutional to prohibit freedom to move about on public right
              –of-ways and public areas—note that Bellevue’s ordinance actually requires such
              patrols)
          •   Quiet hours requirement. “Quiet hours at encampment shall be between 9:00 PM
              and 8:00 AM.” (may be addressed in site-specific permit)
          •   Visiting Hours. “Visiting hours for Guests are between 8:00 AM and 9:00 PM.
              Guests must check-in and provide valid form of identification at camp security
              location and must leave by 9:00PM. Guests are prohibited from staying over-
              night in the camp.” (potentially unconstitutional elements—some aspects
              addressed elsewhere)
          •   Failure to apply for Permit. “If a temporary use for which a permit would be
              required is established without a permit first having been obtained, the Planning
              Director shall require all activities associated with the encampment shall cease
              immediately and the site shall immediately be vacated and restored to its pre-
              existing condition unless and until such time as a temporary use permit has been
              obtained.” (may be addressed elsewhere in the City Code)

                                    III.   CONCLUSION

Staff will continue to bring more information to the Planning Commission at the November 18,
2009 hearing, after more input is received from the community at large, at the October 22, 2009
community-wide meeting.




                                           AB 4492
                                           Exhibit 5
                                           Page 38
                                     Mercer Island Temporary Encampment Ordinance Comparison Matrix
                                                     Mercer Island code sections cited are within the Planning Commission recommended ordinance


                                Mercer Island               Bellevue               Bothell              Issaquah*          Kirkland              Redmond             SeaTac
            Minimum Time       90 days                   Not specified         None specified         None specified      None specified       30 days. RCDG      Notify city 30 days prior
            Application must   19.06.090(A)(9)                                                                                                 20D.190-           to arrival and 14 days
            be Submitted                                                                                                                       10.030.3.a         prior to application.
            Prior to Arrival                                                                                                                                      SMC 15.20.045.A.1
            Time Limit for     Must not be located       May be located at     Shall not be           No criteria found   The City may not     Limited to a       “The duration of the
            Returning          within half mile of any   the same site no      allowed in one         in ordinance or     grant a temporary    maximum of 110     homeless encampment
                               site that contained a     more than once        location for more      Special Event/Use   use permit at the    days within any    shall not exceed 90 days
                               temporary                 every 18 months.      than 90 days, either   Permit SPE07-       same site more       365-day time       or exceed 180 days in
                               encampment within         20.30U.125(A)(5)      consecutively or       00032.              frequently than      period at one      any 2 year period.” &
                               the last 18 months.                             cumulatively, during                       once in every 365-   location. RCDG     “No more than one
                               19.06.090(A)(6)                                 any 12-month                               day period. KZC      20D.190-10-        homeless encampment
                                                                               period. BMC                                127.30.              030.3.c            may be located in the
                                                                               12.06.160.B.3.c                                                                    City at any time.”
                                                                                                                                                                  SMC 15.20.045.D.1 &2.
            Length of Stay.    Cannot exceed 90          Cannot exceed 60      90 days + weekend      90 days. Special    Cannot exceed        110 days “at one   Cannot exceed 90
                               days. 19.06.090(A)(5)     days. LUC             if 90th day is on a    Event/Use Permit    92 days. KZC         location”. RCDG    days. SMC
                                                         20.30U.125(A)(4).     Friday. BMC            SPE07-00032.        127.30.              20D.190-10-        15.20.045.D.1
                                                         (Consent decree       12.06.160.B.3.c.                                                030.3.b




Page 39
Exhibit 6
AB 4492
                                                         allows for 90 days)
            Encampment         20 feet or more,          20 feet or more,      20 feet or more,       No setback          20 feet or more.     Planning           None.
            Setback from       19.06.090(A)(10)(a)       LUC 20.30U.125.       unless approved        requirement in      KZC 127.25.          Director’s
            Abutting                                                           by adjacent            Permit. (IMC                             decision. RCDG
            Properties.                                                        property. BMC          5.14.050.A.10                            20D.190-10-
                                                                               12.06.160.B.3.b.2      allows for other                         030.3.f.ii
                                                                                                      conditions deemed
                                                                                                      necessary)
            Sight Obscuring    Yes.                      Yes. LUC              Yes. BMC               Yes, Use Permit #   Yes, KZC 127.25.     Planning           Yes. SMC
            Fence or           19.06.090(A)(10)(b)       20.30U.125.           12.06.160.B.3.b.3      SPE07-00032.                             Director’s         15.20.045.B.9 and
            Screening                                                                                                                          decision. RCDG     15.20.045.B.10
            Required?                                                                                                                          20D.190-10-
                                                                                                                                               030.3.f.ii
            Lighting           Lighting must be          Glare and             Yes. BMC               None in Permit.     Lighting must be     Planning           None.
            Regulation.        directed inward           reflections must      12.06.160.B.3.e.2                          directed             Director’s
                               toward encampment.        be contained                                                     downward and         decision. RCDG
                               19.06.090(A)(10)(c)       within Camp.                                                     containing within    20D.190-10-
                                                         LUC 20.30U.125.                                                  camp. KZC            030.3.f.ii
                                                                                                                          127.25.




            Page 1 of 3                                                                  City of Mercer Island                                                                     01/04/10
                                Mercer Island Temporary Encampment Ordinance Comparison Matrix
                                     Mercer Island         Bellevue               Bothell             Issaquah*           Kirkland            Redmond             SeaTac
            Maximum               100 persons.             100 persons. LUC    Based on land         100 persons. Use     100 persons.        100 persons.       100 persons. SMC
            Number of             19.06.090(A)(9)          20.30U.125.         area. No max #.       Permit # SPE07-      KZC 127.25.         RCDG 20D.190-      15.20.045.B.6
            Residents at                                                       BMC                   00032.                                   10-030.3.b
            Encampment.                                                        12.06.160.B.3.b.1
            Parking               Yes.                     Yes. LUC            Yes. BMC              Yes. Use Permit      Yes. KZC 127.25.    Yes. RCDG          Yes. SMC
            Requirements at       19.06.090(A)(1)          20.30U.125.         12.06.160.B.3.b.4     Condition 5.                             20D.190-10-        15.20.045.B.7
            Site?                                                                                                                             030.3.d
            Proximity to          Yes. Within ½ mile of    Yes. Within ½       Yes. Within ½         No requirement in    Yes, Within ½       Planning           Yes. Within ¼ mile or
            transit Required?     a public transit stop.   mile of a transit   mile of transit       Permit # SPE07-      mile of a transit   Director’s         provide
                                  19.06.090(A)(3)          stop. LUC           stop. BMC             00032.               stop. KZC           decision. RCDG     carpool/shuttles. SMC
                                                           20.30U.125.         12.06.160.B.3.b.5                          127.25.             20D.190-10-        15.20.045.B.8
                                                                                                                                              030.3.f.iii
            Children              Yes. Cannot stay         Yes. LUC            Not Prohibited.       No. Not under        Yes. KZC 127.25     Planning           Not Prohibited.
            Prohibited from       overnight, except        20.30U.125.                               Permit # SPE07-                          Director’s
            Staying in            under exigent                                                      00032.                                   decision. RCDG
            Encampment?           circumstances.                                                                                              20D.190-10-
                                  19.06.090(A)(12)                                                                                            030.3.f.ii
            Code of               Yes. 19.06.090(A)(18)    Yes, LUC            Yes. BMC              Not mentioned in     Yes. KZC 127.25     Yes. RCDG          Yes. SMC
            Conduct for                                    20.30U.125          12.06.160.B.3.e.4     Permit # SPE07-                          20D.190-10-        15.20.045.C.3
            Persons in                                                                               00032.                                   030.3.f.i
            Encampment?




Page 40
            Specific Health,      Yes. 19.06.090(A)(7),    Yes.                Yes. BMC              Yes.                 Yes.                Yes. RCDG          Yes. SMC




Exhibit 6
AB 4492
            Safety and Fire       19.06.090(A)(8),                             12.06.160.B.3.d                                                20D.190-10-        15.20.045.B.2 and
            Protections           19.06.090(A)(13),                                                                                           030.2.d and        15.20.045.B.3
            Apply?                19.06.090(A)(14)                                                                                            20D.190-10-
                                                                                                                                              030.3.f
            Identification, and   Yes. 19.06.090(A)(17)    Yes. 20.30U.121     Yes, when             Not mentioned in     Yes. KZC 127.25.    Only               Yes. SMC
            Warrant and Sex       and 19.06.090(A)(19)                         deemed necessary.     Permit # SPE07-                          identification     15.20.045.C.5 and
            Offender Checks                                                    BMC                   00032. (may be in                        required. RCDG     15.20.045.C.6
            Required For                                                       12.06.160.B.3.e.3     separate                                 20D.190-10-
            Persons at                                                                               agreement with                           030.3.e
            Encampment?                                                                              Police Depart.).
            Inspections           “shall permit            Not addressed in    “may be               Yes. Temp Use        Yes. KZC 127.25.    Not addressed.     “shall permit
            Required?             inspections”.            20.30U.             conducted”. BMC       Permit.                                                     inspections”. SMC
                                  19.06.090(A)(15)                             12.06.160.B.3.d                                                                   15.20.045.E.3
            Is Notice             Yes. 19.06.090(C)(1)     Yes. LUC            Yes. BMC              Not required for     Yes. KZC 127.42.    Yes. RCDG          Yes. Notify property
            Provided to           and 19.06.090(C)(2)      20.35.510 & 525.    12.06.160.B.3.a.2     special use permit                       20D.190-10-030.4   owners prior to
            Neighbors Prior                                                    and BMC title 11      per IMC 5.14                                                application. SMC
            to Decision?                                                                                                                                         15.20.045.A.2




            Page 2 of 3                                                                  City of Mercer Island                                                                     01/04/10
                                       Mercer Island Temporary Encampment Comparison Matrix
                                   Mercer Island                  Bellevue             Bothell                Issaquah*              Kirkland       Redmond            SeaTac
            Must Notify, and     Yes. Any within 600       Yes. Any within       Yes. BMC              No. Not in             No. (does require Not Prohibited.      Not Prohibited
            Meet and Confer      feet of the               600 feet of site.     12.06.160.B.3.a.4     Temporary Use          compatibility with
            with Nearby          encampment.               LUC 20.30U.122.                             Permit.                surrounding uses).
            Schools and          19.06.090(C)(2)
            Daycares?
            Can There be         Yes. Mercer Island        Yes. LUC              Yes. BMC              Yes. IMC 5.14.090      Yes.               Yes. Chapter        Yes.
            Immediate            Codes 8.04.120,           20.30U.125 and        12.06.160.B.3.a.7                                               1.14, 9.34, 14.04
            Enforcement of       8.30.030, 17.14, 17.15,   BCC 1.18
            Violations?          and 19.15.030
            Are There Any        Yes. Civil fines and      Yes.                  Yes. BMC               Yes. Civil fines or   Yes.               Yes. Chapter         Yes. Expulsion or
            Penalties for        penalties for City and                          12.06.160.B.3.a.7      by imprisonment.                         1.14, 9.34, 14.04    Termination of
            Violating Codes      State Code violations.                          and 11.20.010          IMC 5.14.060 and                                              Temporary Use
            or Agreement?        Mercer Island Codes                                                    5.14.090                                                      Permit. SMC
                                 8.04.120, 8.30.030,                                                                                                                  15.20.045.C.3 or
                                 17.14.113,17.14.115,                                                                                                                 15.20.045.F.1
                                 17.15.030, 19.15.030, &
                                 RCW 70.95.240(2)(b-c)
            Is there a           Yes, City is held         No.                   Yes. . BMC             Yes. Special use      No.                No.                  No.
            provision for hold   harmless and                                    12.06.160.B.3.f.1      Permit Sec. 14.
            harmless /           indemnified.
            indemnification
            for City




Page 41
Exhibit 6
AB 4492
            taxpayers?
            Process For          Yes. Process for          Yes.               Yes. BMC                Yes.                   Yes. In Temp Use No.                       No.
            People Evicted       eviction or unlawful                         12.06.160.B.3.e.3.D                            Permit ZOzn08-
            From Tent City?      detainer. RCW 59.12.                         &C                                             00001.
                                 See RWC 59.16-59.20.
                                 See also Mercer Island
                                 City Code 9.14,
                                 Trespass, to which
                                 usual police procedures
                                 apply.
            Application Fee      None at this time.       $440 total. $110    Hourly rate based       $188.80 total.         $212 for a           $1,601.77 for a       $60 for a Temporary
                                 Must be submitted if     land use fee, $225  on time to process $20 for special use Temporary Use                Temporary Use         Use Permit
                                 required. A $250         fee for land use    land use permit.        permit, and            Permit               Permit
                                 refundable deposit for   sign, $62 for fire  Land use planner        $168.80 for
                                 a public notice sign     inspection, $43 for hourly rate is          plumbing permit
                                 would be required. A     Right-of-Way use    $140.80
                                 fee of $69 was charged
                                 for a temporary power
                                 permit for Tent City
            *Issaquah regulates Temporary Encampments with a “Temporary Use Permit” (which also includes many other temporary land uses) and is not specific to Temporary
            Encampments. Language is provided in the Issaquah Municipal Code that allows the city to place restrictions on the permit that are not necessarily spelled out in the code,
            subject to a legal nexus.


            Page 3 of 3                                                                    City of Mercer Island                                                                      01/04/10
          PROXIMITY OF MERCER ISLAND PLACES OF WORSHIP
          TO BUS STOPS, SCHOOLS, AND CHILD CARE SERVICES
Exhibit 5
                                                                                                                            Mercer Island

                                          §
                                          ¨
                                          ¦   90                                                                         Presbyterian Church
                                                                                                                      50 feet to nearest bus stop
             To Seattle
                                      !
                                                                                          [                           Nearest childcare is onsite




                                                   72nd Ave SE
                                                                                                                                                           Holy Trinity
                               [
                               [                                                                                                                       Lutheran Church
                                                                 [                                                                                 1 foot to nearest bus stop
                                                                                                                                                  60 feet to nearest childcare
                                                                     !k

                                                                                                                                                                  vue
                                          W
                                              M
                                                  er
                                                       ce
                                                                     [
                                                                                        [
                                                                                        !
                                                                                                                       §
                                                                                                                       ¨
                                                                                                                       ¦   90
                                                                                                                                          !
                                                                                                                                                       To B
                                                                                                                                                           elle


                                                         rW
                                                           ay                                                                             k
                                                                                                                                          [
     Mercer Island United                                            SE 40th St
       Methodist Church                                                                   k     ![
                                                                                                 [  [k
                                                                                                    [
  10 feet to nearest bus stop                                                                                                                              Herzl-Ner Tamid
2,000 feet to nearest childcare                                                   k                              k                                   Conservative Congregation
                                                                                                                                                     750 feet to nearest bus stop
                   Mercer Island                                                                        k                                            235 feet to nearest childcare
                 Covenant Church                                                                !
            250 feet to nearest bus stop                                                        [
                                                                                              Isl
                                                                                               an




            300 feet to nearest childcare
                                                                                                dC




                                                                                                !                                                          St. Monica
                                                                                                    res




                                                                                                                                                        Catholic Church
                                                                                                        tW




                   Church of Jesus Christ
                                                                                                                                                  410 feet to nearest bus stop
                                                                                                          ay




                     of Latter Day Saints                                                               !
                                                                                                                                                  90 feet to nearest childcare
                 850 feet to nearest bus stop
                 800 feet to nearest childcare
                                                                                                             k
               Congregationalist Church
                    of Mercer Island                                                                                                               Emmanuel Episcopal
               85 feet to nearest bus stop                                                          [
                                                                                                    k                                                      Church
              500 feet to nearest childcare                                                                                                      8 feet to nearest bus stop
                                                                                                                           E Mercer Way
                                                                           er Way




                                                                                                                                                 Nearest childcare is onsite
                                                                         W Merc




                 First Church
             Christian Scientists                                                                       !
          3 feet to nearest bus stop
        1,600 feet to nearest childcare
                                                                           [                                                                           New Hope
                                                                                                                                                  International Church
     Redeemer Lutheran                                                                  SE 68th St                                            2,550 feet to nearest bus stop
            Church                                                                                  [                                         4,900 feet to nearest childcare
 165 feet to nearest bus stop                                        [
2,400 feet to nearest childcare
                                                                                      k



             ®
                                                                                                                                          Legend
                                                                                                                                          !
                                                                                                                                          (     Bus Stop (Nearest to Church)
                                                                                                              ay




                                                                                    k
                                                                                    [                                                     [
                                                                                                            rW




                                                                                                                                                Child Care Service
                                                                                                          ce
                                                                                                        er
                                                                                                    M




                                                                                                                                                Places of Worship
                                                                                                    E




0     1,250 2,500               5,000
                                   Feet                                                                        AB 4492                    å     School
                                                                                                               Exhibit 7
    Notes: Not all bus stops are shown.                                                                                                         600-ft Buffer from School Site
           Distances are approximate.                                                                          Page 42
                                                All meetings are held in the City Hall Council Chambers unless otherwise noted. 
                                       Special Meetings and Study Sessions begin at 6:00 pm. Regular Meetings begin at 7:00 pm. 
                            
JANUARY 19 (TUESDAY) 
Item Type                      Topic/Presenter                                                                                        Time 
Special Business               Veterans and Human Services Levy Presentation                                                            15 
Regular Business               Interlocal Agreement with City of Bellevue for Marine Patrol Services – E. Holmes                        30 
Regular Business               Temporary Encampments Ordinance (1st Reading) – J. Mason                                                 90 
      
JANUARY 22‐24 
                               2010 City Council Planning Session (CCMV)                                                                   
      
FEBRUARY 1 
Item Type                      Topic/Presenter                                                                                        Time 
Consent Calendar               2009 Lakeridge Elementary Healthy Ways to School Project Acceptance  – C. Morris                          ‐‐ 
Consent Calendar               Grant Agreement for Recycling Events – G. Boettcher                                                       ‐‐ 
Regular Business               Temporary Encampment – Ordinance  (2nd Reading)  – K. Knight                                             45 
Regular Business               Sub‐ Basin 6 Stormwater Improvement Preliminary Design and Permitting– F. Gu                             20 
Regular Business               Arts Council 2009 Annual Report and 2010 Work Plan – A. Britton                                          30 
Regular Business               Emergency Well Operations – G. Boettcher                                                                 30 
      
FEBRUARY 16 (TUESDAY) 
Item Type                      Topic/Presenter                                                                                        Time 
                               2009 72nd Ave SE (SE 24th to SE 32nd St) Asphalt Overlay and Pedestrian Improvements 
Consent Calendar                                                                                                                         ‐‐ 
                               Project Close‐Out – J. Weiser 
Regular Business               1% for Public Art Banner Proposal – A. Britton                                                           20 
Regular Business               Island Crest Way Corridor – A. Tonella‐Howe                                                              30 
Regular Business               Planning Commission 2010 Work Program  – G. Steirer                                                      30 
Regular Business               Pedestrian and Bicycle Facilities Plan Briefing – M. Ocampo                                              60 
    
MARCH 1 
Item Type                      Topic/Presenter                                                                                        Time 
Consent Calendar               Northwest Center Pool Annual Report – D. Mortenson                                                        ‐‐ 
Regular Business               78th Ave Sculpture Garden Plaza – B. Fletcher                                                            30 
Regular Business               ARCH Fall Trust Fund Recommendations (no presentation) – J. Trantina                                     15 
Regular Business               2010 ARCH Work Program (no presentation) – J. Trantina                                                   15 
Regular Business               ARCH Interlocal Agreement – J. Trantina                                                                  15 
Regular Business               Pedestrian and Bicycle Facilities Plan Discussion – M. Ocampo                                            60 
    
Items highlighted in green are on the 2009 Council Work Plan           1                                      Updated: 1/14/2010 11:39:29 AM 
All agendas and items are subject to change.                             
      
MARCH 15 
Item Type                    Topic/Presenter                                                                                Time 
Regular Business             Pedestrian and Bicycle Facilities Plan Adoption – S. Lancaster                                   60 
Regular Business             2009 Year‐End Financial Status Report & 2009 Carryovers – C. Corder                              45 
Regular Business             2011‐2016 Capital Improvement Program Kick‐off – J. Mason and C. Corder                          60 
Regular Business    Open Space Conservancy Trust Annual Report – P. West and D. Cohen                                         20 
    
OTHER ITEMS TO BE SCHEDULED:   
   Senior Commission Work Plan – C. Goodwin 
   School Bus Storage – R. Conrad & G. Boettcher 
   Electrical Code Adoption 
 
COUNCILMEMBER ABSENCES:  
   Mayor Pearman: January 19, 2010 
   Councilmember Bassett: February 16, 2010 




Items highlighted in green are on the 2009 Council Work Plan        2                               Updated: 1/14/2010 11:39:29 AM 
All agendas and items are subject to change.                          

				
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