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2012.06.12 CC Committee Meetings Agenda Packet AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds _____________________________________________ JUNE 12, 2012 6:00 P.M. City Council Committee Meetings The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below. 1.Finance Committee Jury Meeting Room A.(5 Minutes)Authorization to sign contract for grant from Snohomish County Tourism Promotion Area to promote Write on the Sound. B.(10 Minutes)Monthly General Fund Update C.(10 Minutes)Public Comments (3 Minute Limit Per Person) 2.Planning, Parks and Public Works Committee Meeting Room: Council Chambers A.(15 Minutes)Discussion regarding Edmonds Half Marathon Event. B.(15 Minutes)Discussion regarding telephone book delivery. C.(10 Minutes)Briefing on Six-Year Transportation Improvement Program (2013-2018). D.(5 Minutes)AT&T Lease Agreement amendment to reflect a change in the type and configuration of the equipment located in their lease area at 8505 Bowdoin Way. E.(5 Minutes)Residential Car Washing and Illicit Discharges. F.(5 Minutes)Report on bids opened June 5, 2012 for the 2012 Waterline Replacement Project and award of contract to D&G Backhoe in the amount of $652,352.23. G.(5 Minutes)Report on bids opened June 7, 2012 for the Talbot Road Storm Drain Improvements project and award of contract to Kamins Construction in the amount of $317,178.62. Packet Page 1 of 159 H.(5 Minutes)Ordinance amending the Edmonds City Code (ECC) 8.64.065 Parking Provisions on Sunset Avenue. I.(5 Minutes)Authorization for Mayor to sign Addendum No. 2 to the Professional Services Agreement with CHS Engineers, LLC. J.(10 Minutes)Public Comments (3 Minute Limit Per Person) 3.Public Safety and Personnel Committee Meeting Room: Police Training Room A.(5 Minutes)Snohomish Regional Drug & Gang Task Force, 2012-2013 Interlocal Agreement. B.(30 Minutes)Discussion regarding taking minutes/notes during executive sessions. C.(10 Minutes)Public Comments (3 Minute Limit Per Person) Packet Page 2 of 159 AM-4875 1. A. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted By:Frances Chapin Department:Parks and Recreation Committee: Finance Type: Action Information Subject Title Authorization to sign contract for grant from Snohomish County Tourism Promotion Area to promote Write on the Sound. Recommendation Forward to full Council to authorize the Parks, Recreation & Cultural Services Director to sign the contract. Previous Council Action Narrative Cultural Services staff applied for and has been awarded funding from the Snohomish County Tourism Promotion Area to advertise nationally the Edmonds Arts Commission Write on the Sound writers' conference in October and to develop new web content to attract participants from outside the area to extend their stay with additional tourism activities. The contract with TPA is for $7,000. Attachments TPA Contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 06/05/2012 12:02 PM Mayor Dave Earling 06/05/2012 01:21 PM Finalize for Agenda Sandy Chase 06/06/2012 04:48 PM Form Started By: Frances Chapin Started On: 06/01/2012 12:39 PM Final Approval Date: 06/06/2012 Packet Page 3 of 159 Packet Page 4 of 159 Packet Page 5 of 159 Packet Page 6 of 159 Packet Page 7 of 159 Packet Page 8 of 159 Packet Page 9 of 159 Packet Page 10 of 159 Packet Page 11 of 159 Packet Page 12 of 159 Packet Page 13 of 159 Packet Page 14 of 159 Packet Page 15 of 159 Packet Page 16 of 159 Packet Page 17 of 159 Packet Page 18 of 159 Packet Page 19 of 159 Packet Page 20 of 159 Packet Page 21 of 159 Packet Page 22 of 159 AM-4883 1. B. City Council Committee Meetings Meeting Date:06/12/2012 Time:10 Minutes Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Committee: Finance Type: Information Information Subject Title Monthly General Fund Update Recommendation N.A. For information only. Previous Council Action N.A. Narrative Staff will review the results of April 2012 revenue and expenditure activity in the General Fund. New charts will be reviewed by staff. This is one of many changes that will be implemented over the next few months to make the information more useful for decision making purposes for Council. Attachments April 2012 Monthly General Fund Update Form Review Inbox Reviewed By Date City Clerk Sandy Chase 06/07/2012 09:33 AM Mayor Dave Earling 06/07/2012 10:52 AM Finalize for Agenda Sandy Chase 06/07/2012 11:16 AM Form Started By: Sarah Mager Started On: 06/06/2012 02:03 PM Final Approval Date: 06/07/2012 Packet Page 23 of 159 i CITY OF EDMONDS GENERAL FUND UPDATE APRIL, 2012 Overview The attached report provides the following information regarding the General Fund: - 2012 adopted budget of revenue and expenditures - January 2012 through April 2012 actual revenues and expenditures - The variance in dollars between budget and actual results - Actual compared to budget expressed as a percentage. April represents 33% of the year (4 months divided by 12 months). Discussed below are the revenues and expenditures where there is a material variance from actual to budget: Revenues: - Property Taxes - are collected twice a year (May & November). The first significant tax receipts will be collected in late April to early May. - Telephone Utility Tax - since Feb 2011 actuals have been below budget. The budget for 2012 was revised significantly downward from $1,563,454 to $1,390,242, a decrease of 11.1%. This decrease reflects a trend in Edmonds and most other cities of decreased utility taxes based on the trends away from residential wired telephones, and cellular services packaged with text and data usage, which is not subject to the telephone utility tax. Actual receipts are $485,917, which is consistent with budgeted revenue. See attached chart for further details. - Licenses & Permits - actuals of $522,567 are consistent with budgeted revenue of $1,586,261. - Intergovernmental - actual receipts of $261,678 are below budget of $1,013,653 for the year. It is not unusual for first quarter revenue to come in early April, which would put us behind budget for the year to date through April. We expect to be consistent with budget in future years but will monitor these revenue sources on a monthly basis. - Charges for Goods & Services - actuals are below budget; however this is typical for early in the year. As building activity, parks and recreation activity and many other things pick up in the spring and summer we expect these revenue sources to be in line with budget. We will monitor these line items in future months, however. - Real Estate Excise Tax – actuals receipts of $199,122 are above budgeted revenues of $590,000 for the year. This variance is due to a larger number of property sales transactions than were expected. - Gas Utility Tax – actual receipts of $433,268 are below budgeted revenues of $892,381 for the year. The expectation is that this variance is due to the milder winter we experienced this year. Expenditures: - Salaries & Benefits – actuals are below budget due to open positions from 2011 retirements and resignations as well as 2012 budgeted but unfilled positions. Of particular interest is the variance between actuals and budget for Human Resources, the City Clerk’s Office, and Economic Development/Community Services. For Human Resource, we currently have several consultants that haven’t billed to the extent of their contracts; we anticipate paying Packet Page 24 of 159 i out most of these funds by September/October of this year. We also expect future projections to be more in line with the budget resulting from the re-classification of the position from Analyst to Manager. For the City Clerk’s office, the variance is due to a 2010 part-time position that was not filled until late March; it is expected that future projections will be in line with budget. For the Economic Development/Community Services variance, due to the nature of how this department operates, funds are not expended consistently month to month. - Supplies – actuals below budget across most City departments. - Services – actuals are ahead of budget, which is not unusual early in the year as some annual costs are paid in January or February. - Intergovernmental – actuals are ahead of budget, which is not unusual early in the year as some annual costs are paid in January or February. - Debt Service – debt service payments are typically made in June and December, causing significant variances throughout the year. Actual debt service costs are budgeted on an annual basis, so we expect these costs to be in line with budget by the end of the year. Packet Page 25 of 159 2012 Adopted Budget YTD Actuals Variance % Rec/Exp BEGINNING FUND BALANCE 5,614,035$ 5,705,633$ (91,598)$ REVENUES: REAL PERSONAL / PROPERTY TAX 9,629,986 1,330,147 8,299,839 14% EMS PROPERTY TAX 2,908,944 415,121 2,493,823 14% VOTED PROPERTY TAX 895,640 129,754 765,886 14% LOCAL RETAIL SALES/USE TAX 4,724,183 1,614,832 3,109,351 34% NATURAL GAS USE TAX 13,244 3,738 9,506 28% 1/10 SALES TAX LOCAL CRIM JUST 514,898 171,997 342,901 33% GAS UTILITY TAX 892,381 433,268 459,113 49% T.V. CABLE UTILITY TAX 750,682 403,742 346,940 54% TELEPHONE UTILITY TAX 1,390,242 485,917 904,325 35% ELECTRIC UTILITY TAX 1,473,880 638,942 834,938 43% SOLID WASTE UTILITY TAX 294,601 93,559 201,042 32% WATER UTILITY TAX 824,935 252,470 572,465 31% SEWER UTILITY TAX 470,000 154,657 315,343 33% STORMWATER UTILITY TAX 254,061 96,443 157,618 38% LEASEHOLD EXCISE TAX 221,162 52,866 168,296 24% PULLTABS TAX 60,257 23,907 36,350 40% LICENSES AND PERMITS 1,586,261 522,567 1,063,694 33% INTERGOVERNMENTAL 1,013,653 261,678 751,975 26% CHARGES FOR GOODS AND SERVICES 4,065,102 1,143,783 2,921,319 28% FINES AND FORFEITURES 619,272 181,785 437,487 29% MISCELLANEOUS 379,118 105,055 274,063 28% INTERFUND TRANSFERS 32,016 - 32,016 0% 33,014,518 8,516,228 24,498,290 26% EXPENDITURES: 100 SALARIES / WAGES 12,400,240 3,818,077 8,582,163 31% OVERTIME 458,540 141,173 317,367 31% HOLIDAY BUYBACK 179,687 - 179,687 0% 200 - - 0% BENEFITS 4,244,174 1,364,167 2,880,007 32% UNIFORMS 63,880 14,371 49,509 22% 300 - - 0% SUPPLIES 435,011 98,467 336,544 23% FUEL CONSUMED 700 - 700 0% SMALL EQUIPMENT 130,356 31,374 98,982 24% 400 - - 0% PROFESSIONAL SERVICES 1,852,841 436,796 1,416,045 24% COMMUNICATIONS 210,037 49,780 160,257 24% TRAVEL 51,060 4,853 46,207 10% ADVERTISING 71,667 6,536 65,131 9% RENTAL/LEASE 139,281 42,982 96,299 31% INSURANCE 444,962 420,109 24,853 94% PUBLIC UTILITY 454,500 142,344 312,156 31% REPAIRS & MAINTENANCE 331,397 104,816 226,581 32% MISCELLANEOUS 327,242 116,783 210,459 36% 500 - - 0% INTERGOVERNMENTAL SERVICES 8,218,704 3,948,327 4,270,377 48% ECA CONTINGENCY RESERVE 250,000 - 250,000 0% EXCISE TAXES 5,200 1,076 4,124 21% 600 - - 0% MACHINERY/EQUIPMENT 17,144 - 17,144 0% 700 - - 0% DEBT SERVICE PRINCIPAL 1,147,442 - 1,147,442 0% DEBT SERVICE INTEREST 301,838 - 301,838 0% 900 - - 0% INTERFUND SERVICES 1,424,769 144,255 1,280,514 10% 33,160,672 10,886,288 22,274,384 33% CHANGE IN FUND BALANCE (YTD)(146,154) (2,370,060) 2,223,906 ENDING FUND BALANCE 5,467,881$ 3,335,573$ 2,132,308$ City of Edmonds General Fund Update April 2012 Packet Page 26 of 159 2012 Adopted Budget YTD Actuals Variance % Rec/Exp Expenditures City Council 269,812$ 77,262$ 192,550$ 29% Office of Mayor 253,184 75,981 177,203 30% Human Resources 286,799 71,795 215,004 25% Municipal Court 779,038 245,061 533,977 31% Economic Development/Community Services 465,810 132,111 333,699 28% City Clerk 609,840 158,147 451,693 26% Information Services 657,841 200,427 457,414 30% Finance 754,734 256,611 498,123 34% City Attorney 495,000 170,361 324,639 34% Non-Departmental 11,296,538 4,360,812 6,935,726 39% Police 9,165,244 2,722,871 6,442,373 30% Development Services 1,658,272 516,641 1,141,631 31% Parks & Recreation 3,504,196 928,272 2,575,924 26% Public Works 294,110 95,079 199,031 32% Facilities Maintenance 1,351,548 438,882 912,666 32% Engineering 1,318,706 435,974 882,732 33% 33,160,672$ 10,886,288$ 22,274,384$ 33% City of Edmonds Department Expense Summary April 2012 Packet Page 27 of 159 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,254,151$ 1,254,151$ 1,608,118$ 28.22% February 3,062,917 1,808,765 3,432,053 12.05% March 5,168,529 2,105,612 5,372,339 3.94% April 7,722,111 2,553,582 8,516,228 10.28% May 15,169,700 7,447,589 - - June 16,854,665 1,684,965 - - July 18,802,184 1,947,519 - - August 20,452,729 1,650,546 - - September 21,994,271 1,541,541 - - October 24,531,793 2,537,522 - - November 31,332,621 6,800,829 - - December 33,014,518 1,681,897 - - Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 50,516$ 50,516$ 55,795$ 10.45% February 80,158 29,643 119,438 49.00% March 117,689 37,531 145,824 23.91% April 170,233 52,544 199,122 16.97% May 219,071 48,838 - - June 275,073 56,002 - - July 330,084 55,011 - - August 390,495 60,410 - - September 447,318 56,823 - - October 504,597 57,280 - - November 548,998 44,400 - - December 590,000 41,002 - - 2012 City of Edmonds, WA Monthly Revenue Summary-General Fund City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax 2012 0 5000000 10000000 15000000 20000000 25000000 30000000 35000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV General Fund Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax Actuals/Trend Budget Packet Page 28 of 159 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 375,013$ 375,013$ 396,472$ 5.72% February 850,350 475,338 880,438 3.54% March 1,188,451 338,101 1,236,580 4.05% April 1,538,704 350,253 1,614,832 4.95% May 1,953,189 414,485 - - June 2,321,894 368,705 - - July 2,693,818 371,925 - - August 3,130,679 436,861 - - September 3,516,951 386,272 - - October 3,912,817 395,866 - - November 4,351,601 438,784 - - December 4,724,183 372,582 - - Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 123,772$ 123,772$ 109,321$ -11.68% February 253,656 129,883 232,788 -8.23% March 371,883 118,227 329,885 -11.29% April 470,918 99,035 433,268 -8.00% May 554,498 83,580 - - June 617,198 62,700 - - July 663,083 45,884 - - August 695,629 32,546 - - September 725,807 30,179 - - October 757,941 32,134 - - November 812,573 54,632 - - December 892,381 79,808 - - 2012 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax 2012 0 500000 1000000 1500000 2000000 2500000 3000000 3500000 4000000 4500000 5000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Sales and Use Tax Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Gas Utility Tax Actuals/Trend Budget Packet Page 29 of 159 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 86,875$ 86,875$ 129,337$ 48.88% February 208,469 121,594 222,717 6.83% March 342,214 133,745 353,214 3.21% April 435,440 93,226 485,917 11.59% May 553,336 117,896 - - June 648,289 94,953 - - July 776,209 127,920 - - August 899,335 123,126 - - September 992,632 93,297 - - October 1,142,349 149,717 - - November 1,227,014 84,665 - - December 1,390,242 163,228 - - Electric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 151,744$ 151,744$ 159,973$ 5.42% February 319,668 167,924 322,487 0.88% March 474,035 154,367 489,585 3.28% April 631,016 156,981 638,942 1.26% May 768,814 137,798 - - June 881,589 112,775 - - July 988,356 106,767 - - August 1,080,682 92,325 - - September 1,179,059 98,377 - - October 1,264,304 85,245 - - November 1,371,246 106,942 - - December 1,473,880 102,634 - - 2012 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax 2012 0 250000 500000 750000 1000000 1250000 1500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Telephone Utility Tax Actuals/Trend Budget 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Electric Utility Tax Actuals/Trend Budget Packet Page 30 of 159 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 3,429,468$ 3,429,468$ 2,080,142$ -39.35% February 5,685,388 2,255,920 5,514,121 -3.01% March 8,101,658 2,416,270 7,666,998 -5.37% April 11,017,010 2,915,352 10,886,288 -1.19% May 13,101,018 2,084,009 - - June 16,305,708 3,204,690 - - July 19,218,653 2,912,945 - - August 21,430,478 2,211,825 - - September 24,387,829 2,957,350 - - October 26,514,684 2,126,855 - - November 29,008,977 2,494,293 - - December 33,160,672 4,151,695 - - Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 2,028,930$ 2,028,930$ 527,429$ -74.00% February 2,278,857 249,927 2,317,066 1.68% March 2,847,740 568,883 2,771,982 -2.66% April 3,724,137 876,397 4,360,812 17.10% May 3,949,112 224,975 - - June 5,799,008 1,849,897 - - July 6,594,912 795,904 - - August 6,625,856 30,945 - - September 7,496,353 870,497 - - October 7,614,231 117,878 - - November 7,901,296 287,064 - - December 11,296,538 3,395,242 - - 2012 City of Edmonds, WA Monthly Expenditure Report-General Fund City of Edmonds, WA Monthly Expenditure Report-Non-Departmental 2012 0 1000000 2000000 3000000 4000000 5000000 6000000 7000000 8000000 9000000 10000000 11000000 12000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Actuals/Trend Budget 0 3000000 6000000 9000000 12000000 15000000 18000000 21000000 24000000 27000000 30000000 33000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Actuals/Trend Budget Packet Page 31 of 159 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 19,762$ 19,762$ 18,170$ -8.06% February 41,832 22,070 40,409 -3.40% March 64,009 22,177 62,230 -2.78% April 87,150 23,141 77,262 -11.35% May 105,041 17,891 - - June 125,476 20,435 - - July 149,760 24,284 - - August 172,297 22,538 - - September 191,074 18,777 - - October 219,806 28,731 - - November 240,319 20,514 - - December 269,812 29,493 - - Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 21,049$ 21,049$ 20,420$ -2.99% February 42,489$ 21,440$ 40,120$ -5.58% March 63,849$ 21,360$ 58,059$ -9.07% April 84,582$ 20,733$ 75,981$ -10.17% May 105,135$ 20,553$ -$ - June 125,384$ 20,249$ -$ - July 147,384$ 22,000$ -$ - August 168,135$ 20,750$ -$ - September 188,520$ 20,385$ -$ - October 211,220$ 22,701$ -$ - November 232,824$ 21,603$ -$ - December 253,184$ 20,360$ -$ - 2012 City of Edmonds, WA Monthly Expenditure Report-City Council City of Edmonds, WA Monthly Expenditure Report-Office of Mayor 2012 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Council Actuals/Trend Budget 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Office of Mayor Actuals/Trend Budget Packet Page 32 of 159 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 22,108$ 22,108$ 15,139$ -31.52% February 45,111 23,004 27,098 -39.93% March 70,318 25,207 56,071 -20.26% April 94,775 24,457 15,724 -24.25% May 117,492 22,717 - - June 140,095 22,602 - - July 162,181 22,086 - - August 184,290 22,109 - - September 210,792 26,502 - - October 231,031 20,240 - - November 253,730 22,699 - - December 286,799 33,069 - - Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 56,684$ 56,684$ 57,047$ 0.64% February 119,103 62,420 121,057 1.64% March 185,043 65,939 183,959 -0.59% April 250,566 65,524 245,061 -2.20% May 314,083 63,516 - - June 381,809 67,726 - - July 443,918 62,110 - - August 510,114 66,196 - - September 573,477 63,363 - - October 638,600 65,123 - - November 704,816 66,216 - - December 779,038 74,222 - - 2012 City of Edmonds, WA Monthly Expenditure Report-Human Resources City of Edmonds, WA Monthly Expenditure Report-Municipal Court 2012 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Actuals/Trend Budget 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Actuals/Trend Budget Packet Page 33 of 159 Economic Development/Community Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 30,372$ 30,372$ 22,962$ -24.40% February 73,754 43,382 59,724 -19.02% March 114,246 40,492 92,678 -18.88% April 149,965 35,719 132,111 -11.91% May 187,341 37,376 - - June 222,700 35,358 - - July 269,288 46,588 - - August 301,418 32,130 - - September 338,442 37,024 - - October 377,797 39,355 - - November 410,485 32,688 - - December 465,810 55,325 - - City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 50,352$ 50,352$ 38,375$ -23.79% February 97,512 47,161 76,194 -21.86% March 151,688 54,176 119,740 -21.06% April 200,724 49,035 158,147 -21.21% May 257,542 56,818 - - June 305,615 48,073 - - July 357,211 51,597 - - August 408,044 50,833 - - September 458,834 50,790 - - October 503,062 44,229 - - November 553,417 50,355 - - December 609,840 56,423 - - 2012 City of Edmonds, WA Monthly Expenditure Report-Economic Development/Community Services City of Edmonds, WA Monthly Expenditure Report-City Clerk 2012 0 50000 100000 150000 200000 250000 300000 350000 400000 450000 500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Economic Development/Community Services Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Actuals/Trend Budget Packet Page 34 of 159 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 46,319$ 46,319$ 45,804$ -1.11% February 107,710 61,392 94,222 -12.52% March 152,083 44,373 152,829 0.49% April 201,916 49,832 200,427 -0.74% May 248,762 46,847 - - June 299,283 50,521 - - July 346,978 47,695 - - August 409,564 62,586 - - September 459,114 49,549 - - October 512,043 52,929 - - November 561,496 49,453 - - December 657,841 96,345 - - Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 73,408$ 73,408$ 72,999$ -0.56% February 136,996 63,588 140,691 2.70% March 198,836 61,841 200,031 0.60% April 257,292 58,456 256,611 -0.26% May 315,263 57,970 - - June 381,627 66,364 - - July 441,290 59,663 - - August 495,104 53,815 - - September 555,551 60,447 - - October 621,970 66,419 - - November 687,980 66,010 - - December 754,734 66,754 - - 2012 City of Edmonds, WA Monthly Expenditure Report-Information Services City of Edmonds, WA Monthly Expenditure Report-Finance 2012 0 100000 200000 300000 400000 500000 600000 700000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Information Services Actuals/Trend Budget 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Actuals/Trend Budget Packet Page 35 of 159 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 41,250$ 41,250$ 32,000$ -22.42% February 82,500 41,250 72,417 -12.22% March 123,750 41,250 125,330 1.28% April 165,000 41,250 170,361 3.25% May 206,250 41,250 - - June 247,500 41,250 - - July 288,750 41,250 - - August 330,000 41,250 - - September 371,250 41,250 - - October 412,500 41,250 - - November 453,750 41,250 - - December 495,000 41,250 - - Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 755,785$ 755,785$ 649,122$ -14.11% February 1,479,570 723,784 1,338,091 -9.56% March 2,251,474 771,905 2,037,833 -9.49% April 2,965,978 714,504 2,722,871 -8.20% May 3,657,308 691,330 - - June 4,467,277 809,969 - - July 5,203,139 735,862 - - August 5,920,175 717,036 - - September 6,700,331 780,155 - - October 7,422,067 721,736 - - November 8,377,803 955,736 - - December 9,165,244 787,441 - - 2012 City of Edmonds, WA Monthly Expenditure Report-City Attorney City of Edmonds, WA Monthly Expenditure Report-Police 2012 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Actuals/Trend Budget 0 2000000 4000000 6000000 8000000 10000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Police Actuals/Trend Budget Packet Page 36 of 159 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 130,080$ 130,080$ 119,611$ -8.05% February 260,534 130,454 256,302 -1.62% March 408,125 147,591 387,213 -5.12% April 543,094 134,968 516,641 -4.87% May 680,281 137,188 - - June 819,050 138,769 - - July 952,449 133,399 - - August 1,092,073 139,624 - - September 1,229,320 137,247 - - October 1,375,997 146,677 - - November 1,509,812 133,814 - - December 1,658,272 148,460 - - Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 225,340$ 225,340$ 221,141$ -1.86% February 470,715 245,375 441,578 -6.19% March 736,053 265,338 681,137 -7.46% April 990,438 254,386 928,272 -6.28% May 1,255,131 264,692 - - June 1,581,521 326,390 - - July 1,978,955 397,434 - - August 2,383,015 404,061 - - September 2,697,712 314,697 - - October 2,944,453 246,740 - - November 3,182,915 238,462 - - December 3,504,196 321,281 - - 2012 City of Edmonds, WA Monthly Expenditure Report-Development Services City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation 2012 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Actuals/Trend Budget 0 500000 1000000 1500000 2000000 2500000 3000000 3500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Actuals/Trend Budget Packet Page 37 of 159 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 27,382$ 27,382$ 23,781$ -13.15% February 50,599 23,217 47,443 -6.24% March 74,354 23,755 70,857 -4.70% April 97,129 22,775 95,079 -2.11% May 119,986 22,856 - - June 143,545 23,559 - - July 175,267 31,722 - - August 198,164 22,897 - - September 221,614 23,450 - - October 244,229 22,616 - - November 267,862 23,633 - - December 294,110 26,248 - - Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 102,793$ 102,793$ 107,234$ 4.32% February 220,909 118,116 223,733 1.28% March 340,858 119,950 337,372 -1.02% April 481,844 140,985 438,882 -8.92% May 553,750 71,907 - - June 673,162 119,412 - - July 779,482 106,320 - - August 879,994 100,512 - - September 995,315 115,321 - - October 1,103,341 108,026 - - November 1,213,261 109,920 - - December 1,351,548 138,287 - - 2012 City of Edmonds, WA Monthly Expenditure Report-Public Works City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance 2012 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Public Works Actuals/Trend Budget 0 200000 400000 600000 800000 1000000 1200000 1400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Actuals/Trend Budget Packet Page 38 of 159 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 108,801$ 108,801$ 108,908$ 0.10% February 217,665 108,865 217,975 0.14% March 326,749 109,084 329,676 0.90% April 443,098 116,349 435,974 -1.61% May 551,007 107,909 - - June 658,262 107,255 - - July 769,311 111,049 - - August 879,506 110,195 - - September 992,929 113,423 - - October 1,104,742 111,813 - - November 1,212,341 107,599 - - December 1,318,706 106,365 - - City of Edmonds, WA Monthly Expenditure Report-Engineering 2012 0 200000 400000 600000 800000 1000000 1200000 1400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Engineering Actuals/Trend Budget Packet Page 39 of 159 AM-4893 2. A. City Council Committee Meetings Meeting Date:06/12/2012 Time:15 Minutes Submitted By:Renee McRae Department:Parks and Recreation Committee: Planning, Parks, Public Works Type: Action Information Subject Title Discussion regarding Edmonds Half Marathon Event. Recommendation Place the contract on the June 19 Council Consent Agenda and authorize the Mayor to sign it. Previous Council Action N/A Narrative The Half Marathon is a new special event which fits into the goals of the Economic Development Commission to bring sports tourism to Edmonds. Staff have been working with Dean Reinke, Reinke Sports Group (race promoter), the Snohomish County Tourism Bureau, and Councilmember Yamamoto for months in preparation of this event coming to Edmonds in September. All pertinent staff, including Police and Public Works, have reviewed and approved the contract. Attachments Half Marathon contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 06/07/2012 03:44 PM Mayor Dave Earling 06/07/2012 03:50 PM Finalize for Agenda Sandy Chase 06/07/2012 03:57 PM Form Started By: Renee McRae Started On: 06/07/2012 10:40 AM Final Approval Date: 06/07/2012 Packet Page 40 of 159 1 CONTRACT BETWEEN THE CITY OF EDMONDS AND REINKE SPORTS GROUP September 16, 2012 The following agreement (“Agreement”) is made by and between CITY OF EDMONDS ("City"), and REINKE SPORTS GROUP ("RSG") (collectively, the “Parties”). WHEREAS, RSG has proposed to hold a public event known as the Edmonds Half Marathon (“Half Marathon” or “Event”); WHEREAS, the City Council finds that the Half Marathon provides distinct benefits to the City by showcasing the City while providing a unique recreational opportunity for its citizens; and WHEREAS, the City Council finds that such an event enhances tourism and promotes economic development as well as providing an opportunity for good clean fun to its citizens; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. City and RSG agree that: 1.1 City shall provide use of surfaces on Civic Center Field and on public right of ways of the Half Marathon route (Attachment A) hereinafter referred to as the “City-Provided Site.” City shall clean the Civic Center Field site in advance of the Event; provide and set up start/finish cones and extra garbage cans at the Civic Center Field; and remove these items after the Event. City shall inspect the Civic Center Field facilities before and after the Event. 1.2 RSG shall obtain any necessary Street Use Permits and pay the required fees. Police, Fire, and Public Works will meet with RSG officials to resolve any remaining or potential issues of traffic control and barricades prior to the Event, but shall have no authority to waive the requirements of city ordinance or state law. 1.3 All use and configuration of structures, booths and other temporary facilities used in the Event shall be inspected and reviewed by City Fire Marshall, Police Chief, Building Official and Parks and Recreation Director or their designees to determine whether the facilities in use comply with the provisions of State and local law, as well as to insure that no lasting or permanent damage shall be done to any public facility or property. City Fire Marshal shall inspect the facilities prior to the opening to the general public on or before 7:00 a.m., September 16, 2012, as the Parties shall agree and note all potential problems. Prior to the opening of the Event, RSG shall correct all problems. In the event that such problems are not corrected, City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of City, anything that threatens life, health or property shall appear. Packet Page 41 of 159 2 1.4 City has the right to check the noise level of any amplified sound equipment or other sound source and require that the volume be reduced if it exceeds the safety limits recommended by the Snohomish County Department of Health or levels set forth in the ordinances of the City of Edmonds. 2. RSG Responsibilities In addition to the above and in consideration of the use of the facilities and services above described, RSG agrees to the following: 2.1 RSG accepts the condition of the Half Marathon route as it currently exists. RSG shall provide advance notice to businesses and residents along the Half Marathon route regarding the Event. Notification shall include, but not be limited to: event date, timeframe, route, traffic impacts/detours and contact information to obtain more information. 2.2 RSG shall make arrangements with a local newspaper to run a Neighborhood Traffic Alert no less than one week prior to the Event. The notice shall include the event contact, event date, time, route, and timeframe of expected impacts. 2.3 RSG shall notify Community Transit of activities that may impact transportation services in Edmonds. 2.4 RSG shall acquire and arrange for the placement of barricades, cones and directional signs along the Half Marathon route one week in advance of the Event to inform drivers of restrictions and expected delays. Signage shall be placed so as not to interfere with the ability for cars to use the roadway. All signage shall be removed immediately following the last Event participant’s completion of the Half Marathon route. Barricades, signs and/or other equipment used by RSG in the public right of way must be easily movable for emergency traffic. 2.5 RSG shall provide volunteers at all corners and intersections along the Half Marathon route. At least one (1) volunteer wearing a reflective safety vest shall be stationed at each intersection/corner for the purpose of manning the barricades at road closures and driveways along the route. 2.6 RSG shall provide a Certificate of Insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. City shall be named as an additional insured on the Commercial General Liability insurance policy and a copy of the endorsement naming City as additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The City shall be named as an insured on RSG’s General Liability insurance policy. The insurance policy shall contain, or be endorsed to contain that RSG’s insurance coverage shall be primary insurance. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of RSG’s insurance and shall not contribute to it. RSG shall provide a certificate of insurance evidencing the required insurance before using the property described herein. Insurance shall be placed with insurers with a current A.M. Best rating of not less than A:VII. Packet Page 42 of 159 3 2.7 RSG agrees that the Half Marathon is a public event. RSG further agrees that areas constituting the City-Provided Site that are covered under this Agreement, including but not limited to public right of way, streets, sidewalks, parks, parking lots, gardens, meeting halls and squares, are traditional public forums. As a result, RSG shall permit citizens attending events open to the general public at the City-Provided Site during the Half Marathon to exercise therein their protected constitutional right to free speech without interference. 2.8 The City has enacted Ordinance 3749 restricting the use of single-use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. RSG will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.9 RSG shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with RSG’s performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless shall include a waiver by RSG of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision shall survive the termination and/or expiration of this Agreement. 2.10 The Parties acknowledge that pursuant to the provisions of Initiative 901 as codified in Chapter 70.160 RCW (hereinafter the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City, and employees of any vendor at the Event or of the contracting organization are required to be. This general description of the provisions of the initiative is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. RSG warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish Count y Health District in assuring compliance during the Event described in this Agreement. 2.11 RSG shall provide any and all security services necessary to reasonably secure the area and facilities provided, including the City-Provided Site. City shall have no responsibility or liability for the provision of security services nor shall it be liable for any loss or damage incurred by RSG or the participants in this Event. 2.12 City shall arrange for, and RSG shall pay for, two (2) police patrol cars and four (4) off-duty police officers to direct participant, pedestrian and vehicle traffic, and otherwise provide traffic patrol and public safety at several areas on the course, as determined by the police from 7:30 a.m. to 12:00 p.m. RSG will be responsible for paying to the Edmonds Police Officer’s Association (EPOA) the amount of $900 for these services at least 30 days in advance of the Event. Areas along the route will not be closed to general traffic, but access will be controlled. 2.13 RSG shall provide all cones and/or barricades needed for the Half Marathon route. These may be placed at 7:00 a.m. on the day of the Event. 2.14 RSG shall provide a medical/first aid station for the duration of the Event. RSG shall call 911 in the event there is need for emergency medical transportation. Packet Page 43 of 159 4 2.15 RSG shall provide water stations along the Half Marathon route, and will contract for six (6) additional sani-cans and wash stations at Civic Center Field and along the Half Marathon route. These may be placed on site the night preceding the Event. Maintenance and removal of, and damage to, sani-cans, is solely the responsibility of RSG. RSG shall provide extra paper supplies for sani-cans and existing City portable toilets in the event there is a shortage of such supplies. 2.16 RSG shall obtain all required approvals for food handling and serving to the general public through the Snohomish County Health Department. RSG shall provide City with a written statement from that department that all requirements have been met and necessary permits issued. 2.17 RSG shall advise all participating vendors of the terms and conditions of this Agreement and shall insure that vendors maintain all insurance, licenses and permits required by local, state and federal law for the duration of the Event. 2.18 RSG will provide a copy of the Event’s participant waiver document to the City for approval in advance of the document’s use by participants. 2.19 Upon completion of the Event, RSG shall make adequate provisions for the cleanup of all sites provided under the terms of this Agreement so as to restore them to the same state of cleanliness as existed the morning prior to the Event. Cleanup of all relevant street pavements and sidewalks shall be completed by 5:00 p.m. on that day. Cleanup areas include the City-Provided Site as described in Section 1 and along the Half Marathon route. A final inspection of the Event area shall be conducted by a designated City official to determine if all areas are clean and returned to their original condition. 2.20 RSG shall pay City all permit fees for the above-mentioned facility use and services, totaling $1,477.00 ($72 field rental; EPOA, $900; COE Parks Maintenance, $505) prior to Thursday, August 16, 2012. Fees are for four (4) off-duty police officers, two (2) parks maintenance on-site staff and field rental. These fees are subject to change if requests for additional services are made by RSG. 2.21 RSG shall pay City a cleaning/damage deposit of $1,000.00 prior to Thursday, August 16, 2012. The deposit shall be refunded to RSG if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse City for supplies, losses or cleaning costs. In addition, RSG shall be responsible for any damages, labor and/or materials required to repair damage to City property. 2.22 Colored banners or flags may not be placed in the existing holes in the public sidewalk designated for the American flag program. Packet Page 44 of 159 5 3. Miscellaneous. 3.1 Entire agreement, integration and amendment . This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 3.2 Force majeure. The Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties’ reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Termination. The City shall have the right, in its sole and absolute discretion, to unilaterally terminate this Agreement should the same become necessary to protect public health, safety or welfare; in which case, the City shall provide written notice of the same to RSG. 3.4 Relationship between the Parties. Nothing in this Agreement shall be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of RSG shall be deemed to be the same of the City for any purpose. RSG alone shall be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. DATED this ______ day of ________________, 2012. CITY OF EDMONDS: REINKE SPORTS GROUP: David O. Earling, Mayor Dean Reinke ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Page 45 of 159 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1 2 3 4 5 6 7 8 9 10 11 12 13 HutPark HummingbirdHill Park YostMemorialPark CityPark Elm StParkHighlandPark Deer ParkReserve EdmondsMemorialCemetary RestlawnMemorialCemetary HickmanPark SnohomishCounty Park SeaviewPark LynndalePark MaplewoodHill Park ChaseLakeParkChaseLake EsperancePark MathayBallingerPark Pine StPark SierraPark PineRidgePark 9T H A V E S 7 5 T H A V E W 184TH ST SW 15TH ST SW 7T H A V E S 220TH ST SW SPRAGUE ST 88 T H A V E W 8T H A V E S ADMI R A L W A Y BOWDOIN W A Y DRIFTWO O D L N 206TH ST SW 1 2 T H A V E N 5TH A V E N 82 N D P L W S D E E R D R 10 0 T H A V E W 195TH ST SW 222ND ST SW CASCADE DR 98 T H A V E W 78 T H A V E W 2 04TH ST S W ALOHA ST H I G H S T 10 4 T H A V E W 95 T H P L W 6T H A V E S 2 2 7 T H P L S W 194TH ST SW 2 2 1 S T S T S W 10 T H A V E S 92 N D A V E W HINDLEY LN W DAYTON ST 199TH ST SW 200TH ST SW 92 N D A V E W 196T 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82 N D A V E W 216TH ST SW 78 T H A V E W 1 0 2 N D A V E W 196 T H ST SW 2 0 4 T H ST SW E L M P L 90 T H A V E W 81 S T P L W SU M M I T L N 189TH PL SW HI L L C R E S T P L 217TH ST SW 80 T H P L W DELLWOO D D R E L M WAY SEA V I S T A P L 78 T H A V E W 185TH PL SW NORTHSTREAM LN 97 T H A V E W 80T H P L W 86 T H P L W SPRUCE ST SHELL V A L L E Y R D MA K A H R D CAR Y R D 215TH ST SW 11 1 T H P L W 80 T H P L W 235TH PL SW RAILR O A D A V E N DOGW O O D W A Y 201ST ST SW 202ND PL SW 2 1 5 T H ST SW 75 T H A V E W 77 T H P L W 93 R D P L W KULSHAN R D MAPLE LN MADRONA LN HOLLY LN 81 S T P L W UNION OI L C O M PA NY RD FREDERICK PL 1 0 2 N D P L W HIG H L A N D D R 97T H A V E W 96 T H A V E W 6T H A V E S 98 T H A V E W 7 6 T H A V E W 88 T H A V E W MA P L E W O O D D R 76 T H A V E W 10 T H A V E N 1 0 T H A V E N PARADISE LN 81 S T A V E W 7 9 T H PL W 10 1 S T P L W 1 4 T H W AY S W 85 T H P L W 97 T H P L W 77 T H A V E W 11 7 T H P L W CH I N O O K R D 8 3 R D P L W C O R O N A D O P L 8 0 T H C T W 229TH ST SW 9 6 T H A V E W 88TH P L W T A L B O T R D 8 2 N D A V E W HEMLOCK WAY FI R D A L E A V E 85 T H P L W 1 0 1 S T A V E W PINE ST 81 S T A V E W 8T H P L S 11 4 T H A V E W 94TH PL W SUNSE T WAY 78 T H P L W 82 N D A V E W 8 6 T H P L W 198TH PL S W 1 1 5 T H P L W B R O O K MERE DR 98 T H P L W 78 T H P L W 81 S T P L W 8 1 S T P L W FOREST DELL D R 182ND PL S W 9 0 T H A V E W 8 2 N D P L W 99 T H P L W HU M B E R L N 86 T H A V E W AN D O V E R S T 1 0 0 T H A V E W 96 T H A V E W 83 R D A V E W S U N S E T W A Y V I S T A D E L M A R D R 11 0 T H P L W 9 1 S T A V E W E D M ONDS WAY ED M O N D S W A Y 9 1 S T A V E W 1 7 5 T H ST SW W W O O D W A Y L N 83 R D A V E W 224TH ST SW 88 T H A V E W 236TH ST SW EDMONDS ST PUGET D R 234TH ST SW 234TH ST SW 2N D A V E S JAMES ST 187TH ST SW 218TH ST SW 22 8T H S T S W 8T H A V E N EDMO N D S S T 224TH ST SW 240TH ST SW SPRAGUE ST 90 T H A V E W 86 T H P L W 97 T H A V E W 92 N D A V E W 76 T H A V E W DAYTON ST 18 8TH ST SW 232ND ST SW 230TH ST SW DAYTON ST V IEWLA N D WAY 80 T H A V E W 2 2 6TH ST SW 108TH AVE W 9 T H A V E N TI M B E R L A N E R D CASPERS ST D O G W O O D L N 238TH ST SW BELL ST 94TH AVE W 192ND ST SW 186TH ST SW 9 T H A V E N MAIN S T 9T H A V E N 6TH AVE N 3R D A V E S BELL S T 84 T H A V E W WALNUT ST 5TH A V E N O L Y M P I C V I E W D R 180TH ST SW 4TH AVE N 10 6 T H A V E W 4T H A V E S MAIN ST DALEY ST 22 9 T H PL SW 192ND PL SW 190 T H P L S W N DOG WOOD L N WAC H U S E T T R D S D O G W O O D L N CHERRY ST SUN S E T A V E N A L G O NQUIN R D OL Y M P I C A V E W O O D W A Y P A R K R D Race CourseBuildingsGolf/Play FieldBuildingPublic DockHospitalSchoolTrackCity EdmondsLynnwoodMountlake TerraceWoodway City of EdmondsHalf Marathon 0 0.1 0.2 0.3 0.40.05 Miles ¯ September 16, 2012 Start FinishCivic Field 0 100 200 300 400 500 Miles 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.1 Edmonds Half Marathon Profile Elevation Packet Page 46 of 159 AM-4890 2. B. City Council Committee Meetings Meeting Date:06/12/2012 Time:15 Minutes Submitted For:Councilman Yamamoto Submitted By:Jana Spellman Department:City Council Review Committee: Planning/Parks/Public Works Committee Action: Type: Information Information Subject Title Discussion regarding telephone book delivery. Recommendation N/A Previous Council Action During the April 17, 2012 Council Meeting, this item was discussed (minutes attached). At that time Council President Peterson commented this is very early in the process and it will ultimately come to the Council for further action and perhaps a public hearing. He thanked Councilmember Yamamoto for bringing this issue forward, noting it has been discussed by Sustainable Edmonds. He will schedule further discussion on the appropriate committees’ agendas. He encouraged the public to contact Councilmembers with their thoughts. Also attached is the Phone Book Ordinance Memo from the City Attorney that was presented at the April 17, 2012 meeting. Narrative Council President Peterson has now placed this on the Planning, Parks, and Public Works Committee for further discussion. Attachments 4-17-12 Approved Council Minutes Attachment: Phone Book Ordinance Memo Form Review Inbox Reviewed By Date City Clerk Sandy Chase 06/07/2012 09:33 AM Mayor Dave Earling 06/07/2012 10:51 AM Finalize for Agenda Sandy Chase 06/07/2012 11:16 AM Form Started By: Jana Spellman Started On: 06/07/2012 08:57 AM Final Approval Date: 06/07/2012 Packet Page 47 of 159 Edmonds City Council Approved Minutes April 17, 2012 Page 9 pay for directors and managers as reorganizations/appointments occur. The Council requested the ordinance be reviewed by the Finance Committee; he participated in the Finance Committee discussion where it was agreed to, 1) change appointments to temporary for a calendar year, and 2) authorize the Mayor to provide special duty pay up to 5% and require Council approval for special duty pay between 5% and 10%. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE ORDINANCE NO. 3881, AMENDING TITLE 2 OF THE EDMONDS CITY CODE TO ESTABLISH SPECIAL DUTY PAY FOR MANAGER AND DIRECTOR LEVEL EMPLOYEES WHO ARE TEMPORARILY OR PERMANENTLY ASSIGNED SPECIAL DUTIES. Councilmember Plunkett thanked the Finance Committee for their review. When originally proposed, the ordinance was too broad and the amendments are a good compromise between what the administration needs and the Council’s accountability and responsibility for the City’s finances. Student Representative Springer referred to the Human Resources Temporary Staffing Proposal, noting the monthly cost is approximately $5,000. He asked if those funds are included in the budget. Mayor Earling answered a temporary appointment may be caused by another staff member leaving which would free up funds for the special duty pay. There are currently no funds in the budget for special duty pay. MOTION CARRIED UNANIMOUSLY. 11. DISCUSSION REGARDING TELEPHONE BOOK DELIVERY. Councilmember Yamamoto explained this agenda item is regarding the elimination of telephone books delivered to residences and businesses. Seattle has an opt-out program and San Francisco has an opt-in program. He suggested following Seattle’s program. This is intended as an opportunity for Council discussion followed by further discussion by the Finance and the Planning, Parks and Public Works Committees. Rather than following Seattle’s program, Councilmember Plunkett suggested having someone from the telephone book company speak to the Council about the benefits of telephone books. He recalled the Council passed a resolution opposed to coal trains without hearing from the other side and he wanted to hear from the other side before pursuing a program to eliminate telephone book delivery. Council President Peterson commented this is very early in the process and it will ultimately come to the Council for further action and perhaps a public hearing. He thanked Councilmember Yamamoto for bringing this issue forward, noting it has been discussed by Sustainable Edmonds. He will schedule further discussion on the appropriate committees’ agendas. He encouraged the public to contact Councilmembers with their thoughts. Councilmember Bloom thanked Councilmember Yamamoto for bringing up this issue. She explained as she has become more internet savvy, the telephone books she receives go directly in the recycle bin. She supported an opt-out program to reduce waste. 12. 2012 APRIL BUDGET AMENDMENT Finance Director Shawn Hunstock explained this is the first amendment to the 2012 budget. The packet includes a number of changes to most of the funds within the City. Amendments to the General Fund increase the revenue appropriation by slightly under $8,000 and the expenditure appropriation by $211,000. Over half the General Fund expenditure increases, $112,000, are one-time; those items will not be included in the 2013 budget. The summary by fund is included in the Council packet on page 288. The Packet Page 48 of 159 PHONE BOOK ORDINANCE MEMORANDUM Date: April 12, 2012 To: Edmonds City Council From: Lighthouse Law Group PLLC Re: Phone Book Opt-In and Opt-Out Ordinances ISSUES PRESENTED We have been asked to provide the Edmonds City Council with an analysis to inform discussion of a proposal to prohibit phone book companies from distributing the Yellow Pages unless Edmonds residents opt in to receiving them. The following memorandum considers both opt-in and opt-out phone book ordinances and potential issues that cities have faced in implementing them. ANALYSIS In considering whether an opt-in phone book ordinance is right for Edmonds, the City may follow the example of San Francisco, the only city in the US that has implemented an opt-in phone book ordinance through a pilot program. If it is determined that an opt-in program would be a poor fit for the City, Edmonds might also consider Seattle’s opt-out ordinance as an alternative. A. San Francisco opt-in ordinance San Francisco is the only city in the US to have enacted an opt-in program for phone book distribution. The city passed a three-year pilot program in May 2011 to run from May 2012 to 2015.1 1 S. F., CAL., ENV. CODE §§ 2101-2108 (2011). Packet Page 49 of 159 2 | P a g e Edmonds City Council April 12, 2012 In the pilot program, Yellow Pages distributors may not distribute commercial phone directories to private residences or business in San Francisco unless an occupant or authorized representative of the private residence or business personally accepts the phone book, or if the distributor receives a request from the occupant or authorized representative to receive a phone book.2 Residents who have opted in to receiving phone books will receive them for the duration of the pilot program.3 The program does not require the phone book distributors to create a registry of requesters, but if called upon to produce evidence of such a request in a proceeding regarding a violation of the ordinance, the lack of documentation will imply that a request was not made.4 The City will also create a public outreach program to: …educate San Francisco residents and businesses about the environmental harms associated with excessive distribution of Commercial Phone Directories; develop alternatives to private possession of Commercial Phone Directories to obtain the information contained in those directories, and inform the public of those and other alternatives; and inform the public about the option and means of obtaining a Commercial Phone Directory from a Distributor or other source.5 In developing the public outreach program, the City will use methods such as phone calls, notices on the City website, public service announcements on television, and mailings, particularly “to centers in the City that house senior citizens or disabled persons, as well as to centers in the City that serve Persons whose primary language is not English.”6 The City will also consider the feasibility of making phone books available for distribution to residents who want them in several ways, including at branches of the San Francisco Public Library, recreation centers and City Hall.7 The City will also contemplate the feasibility of “making electronic copies 2 Id. at § 2103(a)(1) and (a)(2). 3 Id. at § 2103(d). 4 Id. at § 2103(c). 5 Id. at § 2104(a). 6 Id. at § 2104(c). 7 Id. at §2104(d). Packet Page 50 of 159 3 | P a g e Edmonds City Council April 12, 2012 of Commercial Phone Directories more accessible to members of the public”8 and of “providing a service by which members of the public can call a City phone number and request information in a Commercial Phone Directory.”9 Violations of the ordinance will be subject to administrative penalties under the San Francisco Administrative Code.10 Under the Code, violations will be assessed over a period of time not to exceed twelve months, and violations will be consolidated whereby the unlawful distribution of fifty phone books will constitute one violation.11 Unsolicited deliveries in violation of the opt-in ordinance may result in fines of up to $500 per violation.12 The ordinance cites the waste created by unwanted Yellow Pages as the main reason for the opt-in program, which cause unnecessary environmental harm and neighborhood blight.13 The ordinance also notes the accessibility of Yellow Pages information on the Internet, and the increasing instance of Internet access among San Francisco residents.14 B. Lawsuit filed to contest San Francisco opt-in ordinance, and other potential issues with opt-in ordinances Since this ordinance passed in May 2011, the Local Search Association (formerly called the Yellow Pages Association) brought suit in June 2011 in federal district court in California.15 The lawsuit claims that the opt-in ordinance violates state and federal constitutional rights: free 8 Id. 9 Id. 10 Id. at § 2103(f). 11 Id. at § 2013(f)(2). 12 Rachel Gordon, S.F. Yellow Pages Ban to Be Considered, SF GATE (Feb. 1, 2011), http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/02/01/MN761HGSAR.DTL. 13 S. F., CAL., ENV. CODE § 2101(c)(2). 14 Id. at § 2101(f). 15 Publishers Tell Court That Yellow Pages Restriction Opens Door to Limitless Government Power Over Media, PRNEWSWIRE.COM (June 7, 2011), http://www.prnewswire.com/news-releases/publishers-tell- court-that-yellow-pages-restriction-opens-door-to-limitless-government-power-over-media- 123410158.html. Packet Page 51 of 159 4 | P a g e Edmonds City Council April 12, 2012 speech under the First Amendment and equal treatment under the law of the Fourteenth Amendment.16 The Association made the following claims: The suit claims that the city's rationale for effectively banning Yellow Pages is unconstitutional, in that it leaves no discernible limits to the government's power to suppress the free distribution of information on paper. In addition, since the city singles out Yellow Pages – while other sources produce 99 percent of paper waste – the ordinance is arbitrary and irrational. “This suit is based on the U.S. Constitution's protection of our free speech, as publishers, and the rights of consumers to choose where they get community information without government interference,” said Neg Norton, president, Local Search Association.17 The Association also claims that the ordinance “disenfranchises residents without internet access—including lower income, seniors and ethnic communities….”18 The Association cites a study from the California Public Utilities Commission that nearly one in three San Francisco residents do not have high-speed internet access.19 The Association also cites that “hundreds of small businesses”20 opposed the ordinance because they rely on Yellow Pages to increase sales, noting that many small businesses do not have an online presence. It is worth noting that the San Francisco City Controller’s Office found that an opt-in program would be a “net positive” for the local economy and small businesses, namely because the cost of advertising would decrease.21 SF Weekly summarizes: 16 Dan McMenamin, Bay City News, News Trade Group Files Suit To Block SF's Yellow Pages Opt-In Plan, SFAPPEAL.COM (Sept. 1, 2011, 10:07pm), http://sfappeal.com/news/2011/09/trade-group-files-suit-to- block-sfs-yellow-pages-opt-in-plan.php. 17 Publishers Tell Court That Yellow Pages Restriction Opens Door to Limitless Government Power Over Media, PRNEWSWIRE.COM (June 7, 2011), http://www.prnewswire.com/news-releases/publishers-tell- court-that-yellow-pages-restriction-opens-door-to-limitless-government-power-over-media- 123410158.html. 18 Id. 19 Id. 20 Id. 21 Charles Laughlin, San Francisco Opt-In Ordinance Passes, BIA/KELSEY (May 11, 2011), http://blog.kelseygroup.com/index.php/2011/05/11/city-reports-says-opt-in-ordinance-good-for- economy/; see also City and County of San Francisco Office of the Controller, Yellow Pages Distribution Packet Page 52 of 159 5 | P a g e Edmonds City Council April 12, 2012 Right now Yellow Pages distributes the directories for free every year. But because most of those books end up dumped at recycling centers, it's … a money-suck. The legislation would reduce result in an 80 percent decline in overall distribution of the directories. Sales generate [sic] through Yellow Pages would then fall, but the cost of producing the directories will fall even more, the report concludes. Subsequently, businesses will receive more sales-per-dollar invested in Yellow Pages advertising. Businesses would presumably take that money saved and invest it into other advertising sources, thus creating 111 new jobs and expanding the economy by $12 million, the reports says.22 The lawsuit was set for trial in September 2011,23 but no ruling has been made as of April 12, 2012. While this case’s unresolved outcome increases the uncertainty of an opt-in program, please note that the claims in this suit are similar to those that have been rejected in a suit regarding Seattle’s opt-out ordinance, as discussed below. C. The Seattle opt-out ordinance Seattle was the first city in the country to create an opt-out phone book ordinance, which is considered very robust with its opt-out registry and thorough enforcement mechanism.24 The ordinance was signed by Mayor McGinn in October 2010.25 Seattle’s opt-out ordinance creates a four-part system for an opt-out program. First, the ordinance requires that phone book publishers obtain an annual yellow pages phone book Pilot Program: Economic Impact Report (May 9, 2011), available at sfcontroller.org/Modules/ShowDocument.aspx?documentid=2041. 22 Erin Sherbert, Yellow Pages Legislation Would Be a Boon to Local Economy, Environment, Report Says , SFWEEKLY (May 9, 2011, 3:45pm), http://blogs.sfweekly.com/thesnitch/2011/05/yellow_pages.php. 23 Dan McMenamin, Bay City News, News Trade Group Files Suit To Block SF's Yellow Pages Opt-In Plan, SFAPPEAL.COM (Sept. 1, 2011, 10:07pm), http://sfappeal.com/news/2011/09/trade-group-files-suit-to- block-sfs-yellow-pages-opt-in-plan.php. 24 David Krueger, Seattle Cracks Down on Yellow-Pages Deliveries, THE SEATTLE TIMES (May 4, 2011, 9:51pm), http://seattletimes.nwsource.com/html/localnews/2014963889_yellowpages05m.html. 25 Seattle, Wash., Ordinance 123427 (2010), available at http://clerk.seattle.gov/~scripts/nph- brs.exe?s1=&s3=&s4=123427&s2=&s5=&Sect4=AND&l=20&Sect2=THESON&Sect3=PLURON&Sect5=CBOR Y&Sect6=HITOFF&d=ORDF&p=1&u=%2F~public%2Fcbory.htm&r=1&f=G. Packet Page 53 of 159 6 | P a g e Edmonds City Council April 12, 2012 distributor license in addition to any license otherwise required by the Seattle Municipal Code.26 Second, the ordinance authorizes the Director of Seattle Public Utilities to create an opt-out registry for residents and businesses to use to opt out of receiving phone books, which the City will provide to the phone book companies.27 Third, the ordinance requires that publishers must pay a recovery fee of fourteen cents for each phone book distributed in Seattle, the cost approximately calculated to offset the cost of maintaining the opt-out registry.28 Fourth, the ordinance mandates that phone book publishers display on their websites and the cover of yellow page phone books a message from the City of Seattle about the opt-out program.29 Violations of the Code are subject to two types of admonitions. First, failure to comply with provisions of the chapter may result in the denial, suspension or revocation of the license required under the program.30 There is also a civil penalty component, whereby “any person who fails to comply with any provision of this chapter shall be subject to a maximum civil penalty in the amount of One Hundred Twenty-Five Dollars ($125.00) per violation.”31 The Seattle City Attorney is authorized in this chapter to initiate legal action to enforce the chapter “as deemed necessary and appropriate.”32 The ordinance identifies three main reasons for this opt-out scheme: waste reduction, privacy of Seattle residents from unwanted intrusions, and recovery of costs to maintain an opt- out registry.33 26 SMC 6.255.030 (2011). 27 SMC 6.255.090(A) (2011). 28 SMC 6.255.100(A) (2011). Seattle Public Utilities estimated that the cost to build, administer and promote the opt-out program would be approximately $100,000. The fourteen cent figure was the City’s best estimate of a per-book charge that would recover the costs needed, based on the number of yellow pages in circulation in Seattle. 29 SMC 6.255.110 (2011). 30 SMC 6.255.130 (2011). 31 SMC 6.255.140(A) (2011). 32 SMC 6.255.140(B) (2011). 33 Seattle, Wash., Ordinance 123427 (2010). Packet Page 54 of 159 7 | P a g e Edmonds City Council April 12, 2012 D. Seattle’s opt-out ordinance has been upheld in court, appeal pending In November 2010, publishers of phone books in Seattle, including Dex Media West, Supermedia, LLC, and Yellow Pages Integrated Media Association brought suit against the City of Seattle. In that case, the plaintiffs made both state and federal claims, which the Court has dealt with separately in motions for summary judgment. In terms of federal claims, the plaintiffs alleged that the ordinance violated the companies’ rights under the First Amendment and Dormant Commerce Clause of the federal Constitution. The federal district court disagreed, granting the City’s motion for partial summary judgment on the federal claims.34 The plaintiff also brought state claims, claiming that: (1) the opt-out ordinance violates the free speech clause of the Washington Constitution Article 1, Section 5, (2) the ordinance violates the supremacy clause contained in Article 11, Section 11, and (3) the ordinance violates the privileges and immunities provision of Article 1, Section 12.35 The district court again sided with the City of Seattle, finding the ordinance constitutional under the free exercise, supremacy and privileges and immunities clauses of the State Constitution. a. The Court first dismissed the publishers’ federal claims In January 2011 both parties cross-motioned for summary judgment on the federal claims at issue in the case. The Court evaluated whether the ordinance violated the US Constitution’s First Amendment and Commerce Clause and held for the City on both claims. First, the Court ruled that the ordinance does not violate the First Amendment. The Court noted the difference between “fully protected” noncommercial speech and commercial speech, which may be subject to content-based restrictions.36 Because the speech in the phone book includes advertisements, refers to particular products, and the speaker has an economic motivation for engaging in the speech, the Court found the language in the phone book to be commercial speech.37 Also, although the phone book contains noncommercial speech such as 34 Dex Media West, Inc. v. City of Seattle, 793 F. Supp. 2d 1213 (W.D. Wash. 2011). 35 Dex Media W., Inc. v. City of Seattle, C10-1857JLR, 2011 WL 4352121 (W.D. Wash. Sept. 16, 2011). 36 Dex Media W., Inc., 793 F. Supp. 2d at 1221. 37 Id. at 1221-1222. Packet Page 55 of 159 8 | P a g e Edmonds City Council April 12, 2012 maps, street guides and listings, this speech is not “inextricably intertwined” such as to require full First Amendment protection.38 Under the “rational basis” test, the ordinance survived constitutional scrutiny because the City had substantial interests advanced by the ordinance,39 and because the means to accomplish those interests were reasonable (in other words, there was a good “means-ends” fit).40 It is worth noting that the Court found the “means-ends” fit to be reasonable in part because the opt-out mechanism required active participation by residents. The Court explained: “the opt-out registry provides the City a means to enforce residents' choices and is limited because it only restricts delivery to those individuals who do not wish to receive yellow pages directories.”41 The Court also noted the favorability of letting the citizens be the decision-makers instead of the City, citing cases involving opt-in provisions of other state and federal laws as being too “paternalistic.”42 Edmonds should carefully consider this possible distinction between the opt-in and opt-out schemes and whether those schemes could lead to a different “means- end” analysis. The Court also noted that the fact that the yellow books are “singled out” in the ordinance does not result in a poor “means-ends” fit. This is because the City was acting to specifically respond to concerns raised by City residents in regard to unwanted phone books, as opposed to other speech that creates solid waste.43 Also, the City is “not required to legislate in a way that wholly eliminates a particular problem; rather, it may advance its goals in piecemeal fashion with a graduated response.”44 Therefore, any claim by the Yellow Pages distributors of 38 Id. at 1223-1226. 39 Id. at 1226. 40 Id. at 1227. 41 Id. 42 Id., citing Bolger v. Youngs Drug Products Corp., 463 U.S. 60, 103 S. Ct. 2875, 77 L. Ed. 2d 469 (1983) (Rejecting federal statute prohibiting the unsolicited mailing of contraceptive advertisements); Sorrell v. IMS Health Inc., 131 S. Ct. 2653, 2656, 180 L. Ed. 2d 544 (2011) (Declaring unconstitutional Vermont’s Prescription Confidentiality Law that restricted the sale, disclosure and use of pharmacy records that reveal the prescribing practices of individual doctors unless the doctor opts-in and permits disclosure). 43 Id. at 1229. 44 Id. Packet Page 56 of 159 9 | P a g e Edmonds City Council April 12, 2012 the under-inclusiveness of the ordinance is insufficient to create a constitutional issue. While the Court here did not discuss under-inclusiveness in the context of a Fourteenth Amendment equal protection claim (as argued in the San Francisco case), a court may use similar reasoning to dismiss that claim. Last in the “means-ends” fit discussion, the Court quickly noted that the ordinance was reasonable because it came as a reaction to the ineffectiveness of the Plaintiff’s own opt-out program, found at www.yellowpagesoptout.com beginning February 1, 2011.45 Although the Yellow Pages industry has called Seattle’s opt-out program “redundant and unnecessary,” City Councilmember O’Brien pointed out that the difference between the industry’s program and Seattle’s was that the industry’s program was voluntary, and thus lacking in an enforcement mechanism if the yellow pages distributors fail to respect the opt-out requests.46 The second constitutional claim that the Court rejected was regarding the Dormant Commerce Clause, which serves to prevent state and local governments from enacting legislation that substantially injures out-of-state commerce.47 The Plaintiffs asserted in the case that the City designed the ordinance to “avoid regulating local directory publishing organizations,” thus discriminating against out-of-state businesses.48 The Court held there was insufficient evidence to fulfill the heavy burden of showing this discrimination in purpose or effect.49 The Court also noted that regulations that only incidentally burden out-of-state commerce are valid unless clearly excessive in relation to the local benefits,50 finding that the local benefits in this case were sufficient to defeat a Dormant Commerce Cause claim.51 This case is useful precedent to prevent phone book distribution companies from asserting that their First Amendment rights have been violated through opt-in or opt-out phone 45 Id. 46 David Krueger, Seattle Cracks Down on Yellow-Pages Deliveries, THE SEATTLE TIMES (May 4, 2011, 9:51pm), http://seattletimes.nwsource.com/html/localnews/2014963889_yellowpages05m.html. 47 Dex Media W., Inc., 793 F. Supp. 2d at 1232. 48 Id. 49 Id. at 1233-1236. 50 Id. at 1237. 51 Id. Packet Page 57 of 159 10 | P a g e Edmonds City Council April 12, 2012 book ordinances. The case is also useful for demonstrating that the “singling out” of phone book companies is not necessarily irrational or arbitrary. However, it does include language that implies a court would favor opt-out programs over opt-in. The discussion about paternalism and the value of individual residents acting to opt out requires careful consideration for cities considering opt-in programs. However, because there is no negative case law on point, this issue may be undecided until a ruling is made in the San Francisco case. b. The Court next dismissed the publishers’ state claims After the Court ruled on the federal claims, the phone book publishers and City both moved for partial summary judgment regarding the state claims under the free speech provision, supremacy clause and privileges and immunities clause of the State Constitution. The Court found in favor of the City in every claim. First, the Court found that the City was entitled to a summary judgment dismissing the free speech claims under Article 1, Section 5 of the Washington Constitution. The Court held that Washington’s free speech clause does not grant more protection to commercial speech than the Federal Constitution, and therefore the ordinance could not be held unconstitutional under the State Constitution where the Court already held it constitutional under the First Amendment.52 Next, the plaintiffs claimed that the opt-out ordinance violated the Washington Constitution’s Article 11, Section 1153 that allows local governments to create regulations not in conflict with general laws, arguing that the ordinance conflicts with the Washington Administrative Code (WAC) 480–120–251.54 The WAC requires that all companies providing local exchange telecommunications service “ensure that a telephone directory is regularly published for each local exchange it serves” and “provide each customer a copy of the directory for the 52 Dex Media W., Inc. v. City of Seattle, C10-1857JLR, 2011 WL 4352121, at *5 (W.D. Wash. Sept. 16, 2011). 53 WASH. CONST. art. 11, § 11 (2011) (“Any county, city, town or township may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.”). 54 Dex Media W., Inc., 2011 WL 4352121, at *10. Packet Page 58 of 159 11 | P a g e Edmonds City Council April 12, 2012 customer's local exchange area.”55 The phone book distributors argued that the ordinance and WAC provision could not be reconciled, but because the distributors could not articulate why the Ordinance would make it impossible to comply with the WAC regulation, the Court found no irreconcilable difference between them.56 Last, the Court considered the plaintiffs’ claim that the opt-out ordinance violates the Washington Constitution’s Privileges and Immunities clause, ultimately finding for the City. The Clause provides that provides that “*n+o law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.”57 The phone book distribution companies again used the “singling out” argument, claiming here that the Ordinance violated the constitutional provision by imposing a regulatory scheme on the yellow pages without imposing the same restrictions on “similarly situated entities that publish analogous materials and distribute them in the same way.”58 They claimed that this impinged on their right to “carry on business,” a fundamental right that is afforded the highest constitutional protection. The Court, however, found that “nothing in the Ordinance at issue here prevents Plaintiffs from engaging in or carrying on business,”59 because there is no fundamental right to deliver yellow pages, “to employ an industry-sponsored yellow pages opt-out mechanism instead of the City’s opt-out program, to avoid licensing or recovery fees, or to avoid the submission of the type of annual reports required by the Ordinance.”60 Because the ordinance did not implicate a fundamental right, Washington courts evaluate business and economic regulations under a “rational basis test,” which are presumed to be rational unless there is a “clear showing that the 55 WASH. ADMIN. CODE § 480-120-251 (2011). 56 Dex Media W., Inc., 2011 WL 4352121, at *11-12. 57 WASH. CONST. art. 1, § 12 (2011). 58 Dex Media W., Inc., 2011 WL 4352121, at *12. 59 Id. at *15. 60 Id. at *16. Packet Page 59 of 159 12 | P a g e Edmonds City Council April 12, 2012 law is arbitrary and irrational.”61 Ultimately, the Court found that the Plaintiffs’ claim failed for failure to meet the steep burden required to prove the ordinance was unconstitutional.62 Plaintiffs have appealed these rulings to the Ninth Circuit Court of Appeals. CONCLUSION It would be a relatively novel move for Edmonds to institute an opt-in phone book ordinance, where only one pilot program exists in the country. The Seattle case provides favorable precedent regarding claims made in both opt-in and opt-out lawsuits; the ruling that an opt-out provision does not violate the First Amendment will likely be upheld in the context of opt-in provisions as well. But the lack of case law on the opt-in ordinance place such a scheme on less certain legal footing, particularly where the Seattle case relied in part on the value of an opt-out mechanism as a particularly good “means-ends” fit. Seattle’s phone book ordinance provides a solid model for an opt-out program, should Edmonds decide to draft an opt-out ordinance instead. 61 Id. 62 Id. Packet Page 60 of 159 AM-4884 2. C. City Council Committee Meetings Meeting Date:06/12/2012 Time:10 Minutes Submitted For:Bertrand Hauss Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Information Information Subject Title Briefing on Six-Year Transportation Improvement Program (2013-2018). Recommendation Review the Six-Year Transportation Improvement Program and schedule a public hearing for the item. Previous Council Action None. Narrative The Six Year Transportation Improvement Program (TIP) is a transportation planning document that identifies funded, partially funded, and unfunded projects that are planned or needed over the next six calendar years. The TIP also identifies the expenditures and secured or reasonably expected revenues for each of the projects included in the TIP. The City practice in preparing the TIP each year has been to keep it financially constrained the first 3 years (2013-2015), but not the last 3 years (2016-2018). RCW 35.77.010 and 36.81.121 require that each city update and adopt their TIP prior to adoption of the budget. A copy of the adopted TIP will be submitted to the Puget Sound Regional Council, Washington State Department of Transportation, and adjacent jurisdictions. Some of the projects in the TIP are shown as funded through secured or unsecured Federal / State grants, as well as from the local funds. Due to a shortfall in transportation funding, a number of unsecured State and Federal transportation grants have been programmed to fund projects beginning in 2016. Most transportation grants are competitive, and the success of how many grants are secured in the future will depend on other transportation needs and funding requests in the region. Projects not identified in this document may not be eligible for Federal / State funding. This overview serves as an introduction to the 2013-2018 TIP and a Public Hearing is scheduled for the City Council meeting on June 19, 2012. Attachments Attachment 1: Six Year (2013-2018) TIP Form Review Inbox Reviewed By Date Engineering Robert English 06/07/2012 05:18 PM Public Works Phil Williams 06/08/2012 05:49 AM City Clerk Sandy Chase 06/08/2012 08:12 AM Mayor Dave Earling 06/08/2012 10:53 AM Finalize for Agenda Sandy Chase 06/08/2012 11:44 AM Form Started By: Megan Cruz Started On: 06/06/2012 02:29 PM Final Approval Date: 06/08/2012 Packet Page 61 of 159 Packet Page 62 of 159 CI t y o f E d m o n d s Si x Y e a r T r a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( 2 0 1 3 - 2 0 1 8 ) Gr a n t O p p o r t u n i t y P r o j e c t (2 0 1 3 - 2 0 1 8 ) Pr o j e c t N a m e Pu r p o s e Gr a n t / D a t e Ph a s e To t a l C o s t So u r c e 20 1 3 20 1 4 20 1 5 2016 2017 2018 Pr e s e r v a t i o n / M a i n t e n a n c e P r o j e c t s : An n u a l S t r e e t O v e r l a y s En g i n e e r i n g $ 0 (F e d e r a l ) Gr i n d p a v e m e n t a n d o v e r l a y Lo c a l F u n d s O n l y & $0 (S t a t e ) Co n s t r u c t i o n $ 4 , 5 0 0 , 0 0 0 (L o c a l ) $1,500,000 $ 1 , 5 0 0 , 0 0 0 $ 1 , 5 0 0 , 0 0 0 5t h A v e S O v e r l a y f r o m Po s s i b l e G r a n t $5 4 1 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 5 4 1 , 0 0 0 El m W a y t o W a l n u t S t . Gr i n d p a v e m e n t a n d o v e r l a y & Co n s t r u c t i o n $ 0 (S t a t e ) Lo c a l F u n d s $1 8 7 , 0 0 0 ( L o c a l , F u n d 4 1 2 ) $ 1 8 7 , 0 0 0 Ci t y w i d e Up g r a d e e x i s t i n g s i g n a l s f o r $0 (F e d e r a l ) Si g n a l I m p r o v e m e n t s Lo c a l F u n d s O n l y C o n s t r u c t i o n $ 0 (S t a t e ) ma i n t e n a n c e & t e c h n o l o g y $3 0 , 0 0 0 (L o c a l ) $10,000 $ 1 0 , 0 0 0 $ 1 0 , 0 0 0 Si g n a l - C a b i n e t I m p r o v e m e n t s Up g r a d e c a b i n e t s , c o n t r o l l e r s , c o n f l i c t m o n i t o r s , Po s s i b l e g r a n t E n g i n e e r i n g $ 2 3 2 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 2 3 2 , 0 0 0 & & $0 (S t a t e ) an d s e n s o r u n i t s Lo c a l F u n d s C o n s t r u c t i o n $ 3 7 5 , 0 0 0 (L o c a l ) $125,000 $ 1 2 5 , 0 0 0 $ 1 2 5 , 0 0 0 23 8 t h @ 1 0 0 t h A v . S i g n a l U p g r a d e s Re b u i l d s i g n a l s y s t e m En g i n e e r i n g $ 0 (F e d e r a l ) Po s s i b l e G r a n t & $5 0 8 , 0 0 0 ( S t a t e , u n s e c u r e d ) $508,000 an d i n s t a l l v i d e o d e t e c t i o n Co n s t r u c t i o n $ 0 (L o c a l ) TO T A L $9 6 0 , 0 0 0 $0 $0 $ 2 , 1 4 3 , 0 0 0 $ 1 , 6 3 5 , 0 0 0 $ 1 , 6 3 5 , 0 0 0 Sa f e t y / C a p a c i t y A n a l y s i s : 21 2 t h S t . S W / 8 4 t h A v e . W ( 5 C o r n e r s ) De s i g n r o u n d a b o u t Se c u r e d G r a n t , E n g i n e e r i n g $ 4 3 , 5 0 0 ( F e d e r a l , s e c u r e d ) $ 4 3 , 5 0 0 In t e r s e c t i o n I m p r o v e m e n t s $0 (S t a t e ) $6 , 5 0 0 ( L o c a l , T r a f f i c I m p a c t F e e s ) $ 6 , 5 0 0 RO W a c q u i s i t i o n Po s s i b l e G r a n t , RO W $ 9 7 , 5 0 0 ( F e d e r a l , u n s e c u r e d ) $ 9 7 , 5 0 0 $0 (S t a t e ) $1 5 , 5 0 0 ( L o c a l , T r a f f i c I m p a c t F e e s ) $ 1 5 , 5 0 0 In s t a l l r o u n d a b o u t w i t h c o n v e r s i o n o f a l l o v e r h e a d & Co n s t r u c t i o n $ 1 , 8 3 9 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 1 , 8 3 9 , 0 0 0 to u n d e r g r o u n d u t i l i t i e s , w a t e r a n d s t o r m w a t e r l i n e $0 (S t a t e ) re p l a c e m e n t s , $7 5 0 , 0 0 0 ( L o c a l , F u n d 4 1 2 ) $ 7 5 0 , 0 0 0 Lo c a l F u n d s $2 3 8 , 0 0 0 ( L o c a l , T r a f f i c I m p a c t F e e s ) $ 2 3 8 , 0 0 0 22 8 t h S t . S W . C o r r i d o r S a f e t y Se c u r e d G r a n t , E n g i n e e r i n g $ 3 4 , 0 0 0 ( F e d e r a l , s e c u r e d ) $ 3 4 , 0 0 0 Im p r o v e m e n t s Co n s t r u c t m i s s i n g r o a d w a y l i n k o n 2 2 8 t h S t . S W b e t w e e n $8 6 , 5 0 0 ( F e d e r a l , u n s e c u r e d ) $ 8 6 , 5 0 0 Hw y . 9 9 a n d 7 6 t h A v e . W . I n s t a l l t r a f f i c s i g n a l s a t Po s s i b l e G r a n t s , $0 (S t a t e ) Hw y . 9 9 @ 2 2 8 t h S t . S W a n d $2 1 , 0 0 0 (L o c a l ) $2 1 , 0 0 0 76 t h A v e . W @ 2 2 8 t h S t . S W t o i m p r o v e s a f e t y . & RO W $ 1 4 3 , 0 0 0 ( F e d e r a l , s e c u r e d ) $ 1 4 3 , 0 0 0 Bi k e l a n e s a n d s i d e w a l k w i l l b e a d d e d o n $1 1 2 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $1 1 2 , 0 0 0 bo t h s i d e s o f t h e n e w s t r e t c h . Lo c a l F u n d s $4 0 , 0 0 0 (L o c a l ) $2 2 , 0 0 0 $ 1 8 , 0 0 0 Po s s i b l e G r a n t s , C o n s t r u c t i o n $ 3 , 3 0 3 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $3,303,000 & $3 1 6 , 0 0 0 ( S t a t e , u n s e c u r e d ) $316,000 Lo c a l F u n d s $2 0 0 , 0 0 0 (L o c a l ) $200,000 76 t h A v . W @ 2 1 2 t h S t . S W I n t e r s e c t i o n R e - d e s i g n i n t e r s e c t i o n t o r e d u c e i n t e r s e c t i o n d e l a y / S e c u r e d G r a n t $8 8 , 0 0 0 ( F e d e r a l , s e c u r e d ) $ 4 4 , 0 0 0 $ 4 4 , 0 0 0 Im p r o v e m e n t s im p r o v e l e v e l o f s e r v i c e . & En g i n e e r i n g $ 0 (S t a t e ) Lo c a l F u n d s $1 2 , 0 0 0 ( L o c a l , T r a f f i c I m p a c t F e e s ) $ 6 , 0 0 0 $ 6 , 0 0 0 RO W a c q u i s i t i o n Se c u r e d G r a n t , $6 4 7 , 0 0 0 ( F e d e r a l , s e c u r e d ) $ 3 0 0 , 0 0 0 $ 3 4 7 , 0 0 0 RO W $ 2 2 7 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $2 2 7 , 0 0 0 Po s s i b l e G r a n t s , $1 0 1 , 0 0 0 (L o c a l ) $4 7 , 0 0 0 $ 5 4 , 0 0 0 Co n s t r u c t i n t e r s e c t i o n i m p r o v e m e n t s Co n s t r u c t i o n $ 1 , 4 5 3 , 2 0 0 ( F e d e r a l , u n s e c u r e d ) $1,453,200 & L o c a l F u n d s $0 (S t a t e ) $2 2 7 , 0 0 0 (L o c a l ) $227,000 SR - 5 2 4 ( 1 9 6 t h S t . S W ) / 8 8 t h A v e . W I n s t a l l a t i o n o f g u a r d r a i l o n w e s t s i d e o f i n t e r s e c t i o n , t o Lo c a l F u n d s $0 (F e d e r a l ) Gu a r d r a i l im p r o v e i n t e r s e c t i o n s a f e t y d u e t o ~ 1 2 ' v e r t i c a l d r o p o n En g i n e e r i n g $ 0 (S t a t e ) we s t s i d e o f i n t e r s e c t i o n On l y $3 0 , 0 0 0 (L o c a l ) $3 0 , 0 0 0 SR 5 2 4 ( 1 9 6 t h S t . S W ) / De s i g n i n t e r s e c t i o n i m p r o v e m e n t De s i g n $0 (F e d e r a l ) 88 t h A v e W . I n t e r s e c t i o n Po s s i b l e G r a n t $5 0 , 0 0 0 ( S t a t e , u n s e c u r e d ) $50,000 Im p r o v e m e n t s $5 0 , 0 0 0 ( L o c a l , t r a f f i c i m p a c t f e e s ) $50,000 RO W a c q u i s i t i o n RO W $0 (F e d e r a l ) & $8 1 , 5 0 0 ( S t a t e , u n s e c u r e d ) $81,500 $8 1 , 5 0 0 (L o c a l ) $81,500 Co n s t r u c t i n t e r s e c t i o n i m p r o v e m e n t s Co n s t r u c t i o n $ 5 3 3 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $533,000 Lo c a l F u n d s $0 (S t a t e ) $8 3 , 0 0 0 (L o c a l ) $83,000 Ma i n S t . @ 3 r d S i g n a l U p g r a d e Po s s i b l e g r a n t E n g i n e e r i n g $ 2 0 0 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $20,000 $ 1 8 0 , 0 0 0 Up g r a d e t r a f f i c s i g n a l & & $0 (S t a t e ) Lo c a l F u n d s C o n s t r u c t i o n $ 5 0 , 0 0 0 (L o c a l ) $20,000 $ 3 0 , 0 0 0 Pu g e t D r . @ O V D S i g n a l U p g r a d e s Po s s i b l e g r a n t E n g i n e e r i n g $ 1 2 5 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $20,000 $ 1 0 5 , 0 0 0 Up g r a d e t r a f f i c s i g n a l & & $0 (S t a t e ) Lo c a l F u n d s C o n s t r u c t i o n $ 1 2 5 , 0 0 0 (L o c a l ) $20,000 $ 1 0 5 , 0 0 0 Ma i n S t . @ 9 t h A v . S Re s t r i p i n g o f 9 t h A v . S t o ( 2 ) n o r t h b o u n d En g i n e e r i n g $ 0 (F e d e r a l ) Pa g e 1 Pa c k e t Pa g e 63 of 15 9 CI t y o f E d m o n d s Si x Y e a r T r a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( 2 0 1 3 - 2 0 1 8 ) Gr a n t O p p o r t u n i t y P r o j e c t (2 0 1 3 - 2 0 1 8 ) Pr o j e c t N a m e Pu r p o s e Gr a n t / D a t e Ph a s e To t a l C o s t So u r c e 20 1 3 20 1 4 20 1 5 2016 2017 2018 (I n t e r i m S o l u t i o n ) an d s o u t h b o u n d l a n e s ( e x c o n d i t i o n s : 1 l a n e Lo c a l F u n d s O n l y & $0 (S t a t e ) pe r a p p r o a c h ) Co n s t r u c t i o n $ 1 0 , 0 0 0 ( L o c a l , T r a f f i c I m p a c t F e e s ) $ 1 0 , 0 0 0 Wa l n u t S t . @ 9 t h A v . S Re s t r i p i n g o f 9 t h A v . S t o ( 2 ) n o r t h b o u n d En g i n e e r i n g $ 0 (F e d e r a l ) (I n t e r i m S o l u t i o n ) an d s o u t h b o u n d l a n e s ( e x c o n d i t i o n s : 1 l a n e Lo c a l F u n d s O n l y & $0 (S t a t e ) pe r a p p r o a c h ) Co n s t r u c t i o n $ 1 0 , 0 0 0 ( L o c a l , T r a f f i c I m p a c t F e e s ) $ 1 0 , 0 0 0 22 0 t h S t . S W @ 7 6 t h A v . W Re c o n f i g u r e e a s t b o u n d l a n e s t o a l e f t t u r n l a n e a n d a P o s s i b l e G r a n t E n g i n e e r i n g $ 1 4 9 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $149,000 In t e r s e c t i o n I m p r o v e m e n t s th r o u g h l a n e . C h a n g e N B a n d S B p h a s e s t o p r o v i d e & & $0 (S t a t e ) pr o t e c t e d / p e r m i s s i v e L T a n d R i g h t t u r n o v e r l a p f o r W B . L o c a l F u n d s C o n s t r u c t i o n $ 2 4 , 0 0 0 (L o c a l ) $24,000 Ar t e r i a l S t r e e t S i g n a l C o o r d i n a t i o n C o o r d i n a t e t h e t r a f f i c s i g n a l s w i t h i n 1 / 2 m i l e o f e a c h o t h e r En g i n e e r i n g $ 0 (F e d e r a l ) Im p r o v e m e n t s al o n g 7 6 t h A v . W , 2 1 2 t h S t . S W , a n d 2 2 0 t h S t . S W L o c a l F u n d s O n l y & $0 (S t a t e ) Co n s t r u c t i o n $ 5 0 , 0 0 0 (L o c a l ) $50,000 Hw y 9 9 @ 2 1 2 t h S t . S W Wi d e n 2 1 2 t h S t . S W t o a d d a W B a n d E B l e f t t u r n l a n e . P o s s i b l e G r a n t E n g i n e e r i n g , $ 2 , 8 2 6 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $424,000 $ 7 9 3 , 0 0 0 $ 1 , 6 0 9 , 0 0 0 In t e r s e c t i o n I m p r o v e m e n t s Pr o v i d e p r o t e c t e d / p e r m i s s i v e l e f t t u r n p h a s i n g f o r b o t h & RO W , & $ 2 2 5 , 5 0 0 ( S t a t e , u n s e c u r e d ) $33,000 $ 6 6 , 5 0 0 $ 1 2 6 , 0 0 0 mo v e m e n t s . Lo c a l F u n d s C o n s t r u c t i o n $ 2 2 4 , 5 0 0 (L o c a l ) $33,000 $ 6 6 , 5 0 0 $ 1 2 5 , 0 0 0 Ty p e 2 R a i s e d P a v e m e n t In s t a l l T y p e 2 R a i s e d P a v e m e n t M a r k e r s En g i n e e r i n g $ 9 8 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 9 8 , 0 0 0 Ma r k e r s al o n g t h e c e n t e r l i n e o f a r t e r i a l s a n d c o l l e c t o r s , i m p r o v i n g P o s s i b l e G r a n t & $0 (S t a t e ) ro a d w a y s a f e t y d u r i n g n i g h t h o u r s a n d o n r a i n y d a y s Co n s t r u c t i o n $ 0 (L o c a l ) TO T A L $3 , 8 4 1 , 5 0 0 $ 8 0 8 , 0 0 0 $ 0 $ 6 , 3 5 2 , 2 0 0 $ 1 , 3 3 9 , 0 0 0 $ 2 , 6 8 6 , 0 0 0 Pe d e s t r i a n P r o j e c t s : Ma i n S t . f r o m 5 t h A v e . t o 6 t h A v e . Si d e w a l k w i d e n i n g , a d d i t i o n o f m i d b l o c k c r o s s i n g , $5 0 , 0 0 0 ( F e d e r a l , s e c u r e d ) $ 5 0 , 0 0 0 st o r m w a t e r i m p r o v e m e n t s , a d d i t i o n o f l i g h t p o l e s , r e l o c a t i o n S e c u r e d G r a n t s C o n s t r u c t i o n $ 2 0 , 0 0 0 (S t a t e , s e c u r e d ) $2 0 , 0 0 0 of o v e r h e a d u t i l i t y l i n e s , w a t e r m a i n r e p l a c e m e n t $0 (L o c a l ) Su n s e t A v . f r o m B e l l S t . t o C a s p e r s S t . Pr o v i d e s i d e w a l k o n t h e w e s t s i d e o f S u n s e t A v . Po s s i b l e G r a n t E n g i n e e r i n g $ 0 (F e d e r a l ) & & $4 3 3 , 0 0 0 ( S t a t e , u n s e c u r e d ) $ 4 4 , 0 0 0 $389,000 Lo c a l F u n d s C o n s t r u c t i o n $ 4 3 3 , 0 0 0 (L o c a l ) $4 4 , 0 0 0 $389,000 23 8 t h S t . S W f r o m 1 0 0 t h A v e . W t o Pr o v i d e s i d e w a l k o n t h e n o r t h s i d e o f 2 3 8 t h S t . S W Po s s i b l e G r a n t E n g i n e e r i n g $ 2 1 8 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 1 5 , 0 0 0 $ 7 9 , 0 0 0 $ 1 2 4 , 0 0 0 10 4 t h A v e . W fr o m 1 0 0 t h A v e . W t o 1 0 4 t h A v e . W & & $2 1 8 , 0 0 0 ( S t a t e , u n s e c u r e d ) $ 1 5 , 0 0 0 $ 7 9 , 0 0 0 $ 1 2 4 , 0 0 0 Lo c a l F u n d s C o n s t r u c t i o n $ 0 (L o c a l ) 15 t h S t . S W f r o m E d m o n d s W a y t o P r o v i d e s i d e w a l k o n t h e n o r t h s i d e o f 1 5 t h S t . S W t o P o s s i b l e G r a n t E n g i n e e r i n g $ 1 8 5 , 5 0 0 ( F e d e r a l , u n s e c u r e d ) $ 1 7 , 5 0 0 $ 4 4 , 0 0 0 $ 1 2 4 , 0 0 0 8t h A v e . W i m p r o v e n o n - m o t o r i z e d t r a n s p o r t a t i o n s a f e t y & & $1 8 5 , 5 0 0 ( S t a t e , u n s e c u r e d ) $ 1 7 , 5 0 0 $ 4 4 , 0 0 0 $ 1 2 4 , 0 0 0 fo r k i d s a t t e n d i n g S h e r w o o d E l e m e n t a r y S c h o o l Lo c a l F u n d s C o n s t r u c t i o n $ 0 (L o c a l ) 80 t h A v . W f r o m 1 8 8 t h S t . S W t o Pr o v i d e s a f e a n d d e s i r a b l e r o u t e t o En g i n e e r i n g $ 0 (F e d e r a l ) Ol y m p i c V i e w D r . W a l k w a y Po s s i b l e G r a n t & $7 7 7 , 0 0 0 ( S t a t e , u n s e c u r e d ) $30,000 $ 1 0 0 , 0 0 0 $ 6 4 7 , 0 0 0 Se a v i e w E l e m e n t a r y a n d p a r k s . Co n s t r u c t i o n $ 0 (L o c a l ) 23 6 t h S t . S W W a l k w a y f r o m M a d r o n a I m p r o v e n o n - m o t o r i z e d t r a n s p o r t a t i o n s a f e t y f o r s c h o o l P o s s i b l e G r a n t E n g i n e e r i n g $ 2 0 8 , 5 0 0 ( F e d e r a l , u n s e c u r e d ) $ 2 2 , 5 0 0 $ 3 7 , 5 0 0 $ 1 4 8 , 5 0 0 El e m e n t a r y t o E d m o n d s W a y ( S R - 1 0 4 ) & & $2 0 8 , 5 0 0 ( S t a t e , u n s e c u r e d ) $ 2 2 , 5 0 0 $ 3 7 , 5 0 0 $ 1 4 8 , 5 0 0 ki d s a l o n g 2 3 6 t h S t . S W Lo c a l F u n d s C o n s t r u c t i o n $ 0 (L o c a l ) 2n d A v . S f r o m J a m e s S t . t o M a i n S t . En g i n e e r i n g $ 0 (F e d e r a l ) Wa l k w a y Pr o v i d e s a f e s i d e w a l k a l o n g s h o r t m i s s i n g l i n k Lo c a l F u n d s O n l y & $0 (S t a t e ) Co n s t r u c t i o n $ 3 2 , 0 0 0 (L o c a l ) $32,000 AD A C u r b R a m p s I m p r o v e m e n t s Co n s t r u c t A D A c o m p l i a n t c u r b r a m p s w h e r e Po s s i b l e G r a n t E n g i n e e r i n g $ 0 (F e d e r a l ) Ci t y w i d e ( T r a n s i t i o n P l a n ) & & $3 7 5 , 0 0 0 ( S t a t e , u n s e c u r e d ) $125,000 $ 1 2 5 , 0 0 0 $ 1 2 5 , 0 0 0 fa c i l i t i e s d o n ' t e x i s t n o r m e e t c u r r e n t s t a n d a r d s Lo c a l F u n d s C o n s t r u c t i o n $ 7 5 , 0 0 0 (L o c a l ) $25,000 $ 2 5 , 0 0 0 $ 2 5 , 0 0 0 Ma p l e w o o d f r o m M a i n S t . t o Pr o v i d e s a f e s i d e w a l k , c o n n e c t i n g t o e x i s t i n g s i d e w a l k P o s s i b l e G r a n t E n g i n e e r i n g $ 0 (F e d e r a l ) 20 0 t h S t . S W W a l k w a y on 2 0 0 t h S t . S W , & & $5 0 7 , 5 0 0 ( S t a t e , u n s e c u r e d ) $95,000 $ 4 1 2 , 5 0 0 li n k i n g t o M a p l e w o o d E l e m e n t a r y S c h o o l . Lo c a l F u n d s Co n s t r u c t i o n $1 6 9 , 5 0 0 (L o c a l ) $32,000 $137,500 Me a d o w d a l e B e a c h R d W a l k w a y Pr o v i d e s a f e s i d e w a l k a l o n g m i s s i n g l i n k b e t w e e n Po s s i b l e G r a n t $0 (F e d e r a l ) & En g i n e e r i n g $ 1 4 2 , 5 0 0 ( S t a t e , u n s e c u r e d ) $142,500 76 t h A v . W a n d O l y m p i c V i e w D r . Lo c a l F u n d s $4 7 , 5 0 0 (L o c a l ) $47,500 Wa n u t S t . f r o m 3 r d A v . t o 4 t h A v . En g i n e e r i n g $ 0 (F e d e r a l ) Wa l k w a y Pr o v i d e s a f e s i d e w a l k a l o n g s h o r t m i s s i n g l i n k Po s s i b l e G r a n t & $2 2 0 , 0 0 0 ( S t a t e , u n s e c u r e d ) $220,000 Co n s t r u c t i o n $ 0 (L o c a l ) Wa l n u t S t . f r o m 6 t h A v . t o 7 t h A v . Po s s i b l e G r a n t E n g i n e e r i n g $ 0 (F e d e r a l ) Wa l k w a y Pr o v i d e s a f e s i d e w a l k a l o n g s h o r t m i s s i n g l i n k & & $5 5 , 0 0 0 ( S t a t e , u n s e c u r e d ) $55,000 Lo c a l F u n d s C o n s t r u c t i o n $ 5 5 , 0 0 0 (L o c a l ) $55,000 Ci t y w i d e P e d e s t r i a n In s t a l l p e d e s t r i a n c o u n t d o w n d i s p l a y f o r p e d e s t r i a n p h a s e s En g i n e e r i n g $ 5 2 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 5 2 , 0 0 0 Co u n t d o w n D i s p l a y at a l l s i g n a l i z e d i n t e r s e c t i o n t h r o u g h o u t C i t y Po s s i b l e G r a n t & $0 (S t a t e ) Co n s t r u c t i o n $ 0 (L o c a l ) Pa g e 2 Pa c k e t Pa g e 64 of 15 9 CI t y o f E d m o n d s Si x Y e a r T r a n s p o r t a t i o n I m p r o v e m e n t P r o g r a m ( 2 0 1 3 - 2 0 1 8 ) Gr a n t O p p o r t u n i t y P r o j e c t (2 0 1 3 - 2 0 1 8 ) Pr o j e c t N a m e Pu r p o s e Gr a n t / D a t e Ph a s e To t a l C o s t So u r c e 20 1 3 20 1 4 20 1 5 2016 2017 2018 4t h A v . C o r r i d o r E n h a n c e m e n t Po s s i b l e G r a n t E n g i n e e r i n g $ 5 , 0 0 0 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $1 0 0 , 0 0 0 $ 1 , 0 0 0 , 0 0 0 $ 1 , 0 0 0 , 0 0 0 $ 2 , 9 0 0 , 0 0 0 Wa l k w a y Cr e a t e m o r e a t t r a c t i v e a n d s a f e r c o r r i d o r a l o n g 4 t h A v . & & $0 (S t a t e ) Lo c a l F u n d s C o n s t r u c t i o n $ 7 0 0 , 0 0 0 ( L o c a l , F u n d 1 2 5 ) $ 2 5 , 0 0 0 $ 1 0 0 , 0 0 0 $ 1 5 0 , 0 0 0 $ 4 2 5 , 0 0 0 Au d i b l e P e d e s t r i a n In s t a l l a u d i b l e p e d e s t r i a n s i g n a l s a t a l l Po s s i b l e G r a n t E n g i n e e r i n g $ 2 5 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 2 5 , 0 0 0 Si g n a l s pe d e s t r i a n s h e a d s t o i m p r o v e s i g n a l i z e d i n t e r s e c t i o n & & $0 (S t a t e ) sa f e t y f o r p e o p l e w i t h d i s a b i l i t i e s Lo c a l F u n d s C o n s t r u c t i o n $ 0 (L o c a l ) SR - 1 0 4 P e d e s t r i a n In s t a l l m i d - b l o c k c r o s s i n g a l o n g S R - 1 0 4 , a l l o w i n g Po s s i b l e G r a n t E n g i n e e r i n g $ 0 (F e d e r a l ) Mi d b l o c k c r o s s i n g pe d e s t r i a n s c o m i n g f r o m P i n e S t t o s a f e l y c r o s s & & $4 0 , 0 0 0 ( S t a t e , u n s e c u r e d ) $ 4 0 , 0 0 0 SR - 1 0 4 , t o a c c e s s C i t y P a r k Lo c a l F u n d s C o n s t r u c t i o n $ 1 0 , 0 0 0 (L o c a l ) $1 0 , 0 0 0 Hw y . 9 9 E n h a n c e m e n t p r o j e c t In s t a l l a t i o n o f l u m i n a i r e s o n b o t h s i d e s o f S R - 9 9 En g i n e e r i n g $ 6 8 4 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 1 0 0 , 0 0 0 $ 5 8 4 , 0 0 0 (P h a s e 3 ) fr o m 2 2 0 t h S t . S W t o 2 1 2 t h S t . S W , t o Po s s i b l e g r a n t & $0 (S t a t e ) im p r o v e p e d e s t r i a n s a f e t y a l o n g t h i s s t r e t c h Co n s t r u c t i o n $ 0 (L o c a l ) TO T A L $5 2 0 , 0 0 0 $ 1 , 1 0 5 , 0 0 0 $ 1 , 9 4 3 , 0 0 0 $ 2 , 6 3 5 , 0 0 0 $ 3 , 2 7 7 , 0 0 0 $ 1 , 6 4 7 , 0 0 0 Bi c y c l e p r o j e c t s Ci t y w i d e B i c y c l e c o n n e c t i o n s ( s u c h a s I n s t a l l b i k e l a n e s , s h a r r o w s , a n d s i g n s a l o n g M a i n S t . , En g i n e e r i n g $ 2 3 3 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 2 3 3 , 0 0 0 In t e r u r b a n T r a i l t o D o w n t o w n E d m o n d s . . . ) B o w d o i n W a y , 8 4 t h A v e . W , 2 1 2 t h S t . S W , 2 2 0 t h S t . S W , P o s s i b l e g r a n t & $0 (S t a t e ) an d 2 2 4 t h S t . S W t o c r e a t e s a f e r c o n n e c t i o n s Co n s t r u c t i o n $ 0 (L o c a l ) Bi c y c l e R o u t e S i g n i n g $0 (F e d e r a l ) In s t a l l s i g n a g e f o r ( 3 ) b i k e l o o p s a r o u n d t h e C i t y Lo c a l F u n d s O n l y C o n s t r u c t i o n $ 0 (S t a t e ) $3 0 , 0 0 0 (L o c a l ) $10,000 $ 1 0 , 0 0 0 $ 1 0 , 0 0 0 TO T A L $2 3 3 , 0 0 0 $0 $0 $ 1 0 , 0 0 0 $ 1 0 , 0 0 0 $ 1 0 , 0 0 0 Tr a f f i c C a l m i n g P r o j e c t s : Re s i d e n t i a l N e i g h b o r h o o d Tr a f f i c c i r c l e s , s p e e d c u s h i o n s , Po s s i b l e G r a n t De s i g n $ 9 4 , 0 0 0 ( F e d e r a l , u n s e c u r e d ) $ 2 7 , 0 0 0 $ 6 7 , 0 0 0 Tr a f f i c C a l m i n g "Y o u r S p e e d " s i g n s , e t c . & & $0 (S t a t e ) Lo c a l F u n d s C o n s t r u c t i o n $ 8 5 , 0 0 0 (L o c a l ) $1 0 , 0 0 0 $ 2 5 , 0 0 0 $ 2 5 , 0 0 0 $ 2 5 , 0 0 0 Tr a f f i c P l a n n i n g P r o j e c t s : Tr a n s p o r t a t i o n P l a n U p d a t e En g i n e e r i n g $ 0 (F e d e r a l ) Up d a t e T r a n s p o r t a t i o n P l a n Lo c a l F u n d s O n l y & $0 (S t a t e ) Pl a n n i n g $ 1 8 0 , 0 0 0 (L o c a l ) $180,000 To t a l $3 3 , 1 4 8 , 7 0 0 $5 , 5 8 1 , 5 0 0 $1 , 9 8 0 , 0 0 0 $1 , 9 5 3 , 0 0 0 $11,345,200 $6,286,000 $6,003,000 To t a l F e d e r a l $4 , 0 0 0 , 5 0 0 $1 , 6 4 1 , 5 0 0 $1 , 3 9 6 , 5 0 0 $1,593,000 $3,818,000 $2,322,000 To t a l F e d e r a l ( S e c u r e d ) $6 1 4 , 5 0 0 $ 3 9 1 , 0 0 0 $ 0 $0 $0 $0 To t a l F e d e r a l ( U n s e c u r e d ) $3 , 3 8 6 , 0 0 0 $ 1 , 2 5 0 , 5 0 0 $ 1 , 3 9 6 , 5 0 0 $ 1 , 5 9 3 , 0 0 0 $ 3 , 8 1 8 , 0 0 0 $ 2 , 3 2 2 , 0 0 0 To t a l S t a t e $1 5 9 , 0 0 0 $1 6 0 , 5 0 0 $3 9 6 , 5 0 0 $6,397,200 $368,000 $1,508,000 To t a l S t a t e ( U n s e c u r e d ) $1 3 9 , 0 0 0 $ 1 6 0 , 5 0 0 $ 3 9 6 , 5 0 0 $ 6 , 3 9 7 , 2 0 0 $ 3 6 8 , 0 0 0 $ 1 , 5 0 8 , 0 0 0 To t a l S t a t e ( S e c u r e d ) $2 0 , 0 0 0 $0 $0 $0 $0 $0 To t a l L o c a l F u n d $1 , 4 4 2 , 0 0 0 $1 7 8 , 0 0 0 $1 6 0 , 0 0 0 $3,292,000 $1,933,500 $2,173,000 To t a l L o c a l ( F u n d 1 1 2 ) $1 9 4 , 0 0 0 $ 7 2 , 0 0 0 $ 1 0 , 0 0 0 $ 2 , 8 1 7 , 0 0 0 $ 1 , 9 3 3 , 5 0 0 $ 2 , 1 7 3 , 0 0 0 To t a l L o c a l ( F u n d 1 2 5 ) $2 5 , 0 0 0 $ 1 0 0 , 0 0 0 $ 1 5 0 , 0 0 0 $ 4 2 5 , 0 0 0 $ 0 $0 To t a l F u n d ( F u n d 4 1 2 ) $9 3 7 , 0 0 0 $0 $0 $0 $0 $0 To t a l L o c a l ( T r a f f i c I m p a c t F e e s ) $2 8 6 , 0 0 0 $ 6 , 0 0 0 $ 0 $ 5 0 , 0 0 0 $0 $0 Pa g e 3 Pa c k e t Pa g e 65 of 15 9 AM-4871 2. D. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted For:JoAnne Zulauf Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title AT&T Lease Agreement amendment to reflect a change in the type and configuration of the equipment located in their lease area at 8505 Bowdoin Way. Recommendation Forward this item to the consent agenda for approval at the June 19, 2012 Council meeting. Previous Council Action AT&T lease Agreement for the 8505 Bowdoin Way location was approved by Council February 18, 2004. Narrative In 2004, the City executed a lease agreement (Attachment 3) with AT&T Wireless Services to locate telecommunications facilities on an existing tower at the City's Five Corner Reservoir site on Bowdoin Way. Cingular Wireless now owns AT&T Wireless and is requesting to add equipment and modify the existing ground facilities at the site. Plan sheets A-1, A-1.1 and A-2.1 of Exhibit B-1 (Attachment 2) show the current configuration along with the changes proposed with this amendment (Attachment 1). Additional changes: 1. Paragraph 2 of the amendment revises the yearly rental charge in Section 9.3 (Consideration) of the original agreement to specify the annual payment due for 2013. Determination of the annual rental charge was based on the yearly incremental increases per the terms of the original agreement. 2. Paragraph 3 of the amendment updates the contact information in Section 3 of the agreement. Attachments Attachment 1 - Lease Amendment Attachment 2 - Exhibit B-1 Attachment 3 - AT&T Lease Agreement Form Review Inbox Reviewed By Date Engineering Megan Cruz 06/07/2012 03:42 PM Public Works Phil Williams 06/07/2012 03:48 PM City Clerk Sandy Chase 06/07/2012 03:56 PM Mayor Dave Earling 06/07/2012 03:57 PM Finalize for Agenda Sandy Chase 06/07/2012 03:58 PM Form Started By: Megan Cruz Started On: 05/31/2012 02:22 PM Final Approval Date: 06/07/2012 Packet Page 66 of 159 Packet Page 67 of 159 P a c k e t P a g e 6 8 o f 1 5 9 P a c k e t P a g e 6 9 o f 1 5 9 P a c k e t P a g e 7 0 o f 1 5 9 P a c k e t P a g e 7 1 o f 1 5 9 P a c k e t P a g e 7 2 o f 1 5 9 P a c k e t P a g e 7 3 o f 1 5 9 P a c k e t P a g e 7 4 o f 1 5 9 P a c k e t P a g e 7 5 o f 1 5 9 P a c k e t P a g e 7 6 o f 1 5 9 P a c k e t P a g e 7 7 o f 1 5 9 P a c k e t P a g e 7 8 o f 1 5 9 P a c k e t P a g e 7 9 o f 1 5 9 P a c k e t P a g e 8 0 o f 1 5 9 P a c k e t P a g e 8 1 o f 1 5 9 P a c k e t P a g e 8 2 o f 1 5 9 P a c k e t P a g e 8 3 o f 1 5 9 P a c k e t P a g e 8 4 o f 1 5 9 P a c k e t P a g e 8 5 o f 1 5 9 P a c k e t P a g e 8 6 o f 1 5 9 P a c k e t P a g e 8 7 o f 1 5 9 P a c k e t P a g e 8 8 o f 1 5 9 P a c k e t P a g e 8 9 o f 1 5 9 P a c k e t P a g e 9 0 o f 1 5 9 P a c k e t P a g e 9 1 o f 1 5 9 AM-4882 2. E. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted For:Jerry Shuster Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Information Information Subject Title Residential Car Washing and Illicit Discharges. Recommendation For Information only, no Council Action is required. Previous Council Action None. Narrative Car washing is a popular warm weather activity and goes along with our overall “car culture” in the United States. In addition, charity car washes are a fun and popular way for organizations to raise money for their causes. This very popular activity can be at odds with Federal, state, and local water quality regulations if the dirty, soapy wash water and rinse water is allowed to discharge to our creeks, lakes, and Puget Sound. Car washing is not illegal in Edmonds or any place else in Washington. Wash and rinse water from car washing, however, contains oils, greases, heavy metals, and other pollutants. These pollutants can be toxic to aquatic organisms if they enter surface waters. Allowing these pollutants to enter the City’s storm drain system is technically a violation of Edmonds City Code (ECC) 7.200, Illicit Discharges. This code section was required by the Department of Ecology’s Municipal Stormwater Permit issued to the City of Edmonds. Current Department of Ecology’s policy is to use an educational approach rather than an enforcement approach to residential car washing. The intent is a behavioral change. Over the past 20 years, there has been a behavioral change involving the separation of recyclable materials for the residential solid waste stream. For most, recycling is now second nature. Ecology seeks a similar behavior change when it comes to residential car washing. The City has adopted this educational approach to residential car washing. The City offers a new updated brochure that discusses the effects of car washing on surfaces waters and suggests options for a “green” car wash. These include: • Washing your car on a lawn or gravel area such that the wash and rinse water do not enter into the City’s storm drain system. • Using “waterless” car washing products • Taking your car to an automatic or manual (coin operated) car wash where the wash and rinse water goes to a treatment plant or is recycled. • Taking your car to a charity car wash that uses the City’s “car wash kit” that directs the soapy wash and rinse water to a “safe” discharge point. The Engineering Division provides, free of charge, a car washing kit that collects soapy wash and rinse water and directs the discharge to a vegetated area or the City’s sanitary sewer system (gets treated prior to discharge to surface water). Charity car washes can serve hundreds of vehicles per day and the potential discharge of pollutants can have a significant impact on local surface waters. This kit is available to charitable organizations on a first-come-first-serve basis. With the kit, organizations are given multiple copies of an educational brochure to hand out to their customers. A brief 10 minute presentation at future full Council meeting to get this word out to the Public is suggested by Staff. Packet Page 92 of 159 Attachments Attachment 1 - Draft Presentation Attachment 2 - Car Wash Kit Brochure Attachment 3 - Car Wash at Home Brochure Form Review Inbox Reviewed By Date Engineering Robert English 06/06/2012 03:32 PM Public Works Phil Williams 06/06/2012 03:39 PM City Clerk Sandy Chase 06/06/2012 04:46 PM Mayor Dave Earling 06/07/2012 10:53 AM Finalize for Agenda Sandy Chase 06/07/2012 11:16 AM Form Started By: Megan Cruz Started On: 06/06/2012 02:00 PM Final Approval Date: 06/07/2012 Packet Page 93 of 159 6/12/2012 1 11 RESIDENTIAL CAR WASHING and ILLICIT DISCHARGES Public Works Department Engineering Division June 12, 2012 22 Presentation OutlinePresentation Outline ••What is What is All the Fuss about Car All the Fuss about Car Washing?Washing? ••Is Car Washing Illegal?Is Car Washing Illegal? ••What are the City’s Car Washing What are the City’s Car Washing Programs?Programs? 33 What is all the fuss about car What is all the fuss about car washing?washing? ••Washing Washing our car or truck our car or truck is as American as baseball is as American as baseball and apple pie.and apple pie. Packet Page 94 of 159 6/12/2012 2 44 What is all the fuss about car What is all the fuss about car washing?washing? ••Allowing the “dirt” and soapy wash water to Allowing the “dirt” and soapy wash water to enter the City’s storm drain system is enter the City’s storm drain system is technically technically a violation of Federal, State, and a violation of Federal, State, and City regulations City regulations –– wash water contains: soaps, wash water contains: soaps, oils, grease, heavy metals and other chemicals oils, grease, heavy metals and other chemicals toxic to aquatic life.toxic to aquatic life. 55 What is all the fuss about car What is all the fuss about car washing?washing? ••Once in the City’s Once in the City’s stormwater system, stormwater system, the dirt and soapy the dirt and soapy rinse water does rinse water does NOTNOT get treated get treated before discharging before discharging to our creeks, lakes, to our creeks, lakes, or Puget Soundor Puget Sound 66 What is all the fuss about car What is all the fuss about car washing?washing? ••Does using Does using biodegradable biodegradable soap soap make it OK to discharge make it OK to discharge wash water to storm drain?wash water to storm drain? ••NONO. All soaps including . All soaps including biodegradable soap biodegradable soap remove remove dirt from vehicles that dirt from vehicles that contains the pollutants toxic contains the pollutants toxic to aquatic life. to aquatic life. Packet Page 95 of 159 6/12/2012 3 77 88 Is Car Washing IllegaIs Car Washing Illegall?? ••No, washing your No, washing your car, truck, boat, or car, truck, boat, or whatever is whatever is NOTNOT illegalillegal ••Allowing anything Allowing anything but but clean waterclean water toto enter the City’s enter the City’s stormwater system stormwater system isis technically technically illegal.illegal. 99 Is Car Washing IllegaIs Car Washing Illegall?? ••Discharge of pollutants to Discharge of pollutants to receiving waters is illegareceiving waters is illegall:: ––Federal Clean Water Act (Federal Clean Water Act (33 33 U.S.C. U.S.C. §§1251 et 1251 et seqseq. [1972]). [1972]) ––State Water Pollution Control State Water Pollution Control Law (Chapter 90.48 Law (Chapter 90.48 RCWRCW)) ––City Illicit Discharge Ordinance City Illicit Discharge Ordinance ((ECCECC 7.200) 7.200) –– Mandated by Mandated by State for our Municipal State for our Municipal Stormwater Permit.Stormwater Permit. Packet Page 96 of 159 6/12/2012 4 1010 What are the City’s Car Washing Programs?What are the City’s Car Washing Programs? ••Department of Ecology:Department of Ecology: –– “…“…adopted an educational rather than enforcement adopted an educational rather than enforcement approach to car washing.”approach to car washing.” ••Behavior Change Behavior Change –– Similar to recyclingSimilar to recycling 1111 What are What are Alternatives to Driveway Washing?Alternatives to Driveway Washing? ••Alternative:Alternative: –– Wash your vehicle on a lawn or grassy area Wash your vehicle on a lawn or grassy area or or somewhere that drains to a lawn or grassy areasomewhere that drains to a lawn or grassy area 1212 What are What are Alternatives to Driveway Alternatives to Driveway Washing?Washing? ••Alternative:Alternative: –– “Waterless” Car wash products“Waterless” Car wash products Packet Page 97 of 159 6/12/2012 5 1313 What are What are Alternatives to Driveway Washing??Alternatives to Driveway Washing?? ••Alternative:Alternative: –– Commercial Car Wash (Manual or Automatic)Commercial Car Wash (Manual or Automatic) 1414 What are Alternatives to Driveway Washing?What are Alternatives to Driveway Washing? ••Alternative:Alternative: –– Find a Community Car Wash Find a Community Car Wash that manages that manages their soapy Wash Watertheir soapy Wash Water 1515 Questions?Questions? Packet Page 98 of 159 Clean & Green Program for Charity Car Washes Get your car clean and keep Edmonds green at the same time! Other Ways to Wash Your Car and Keep Edmonds Clean  Use a commercial car wash facility that discharges its’ water to the sewer system or recycles it.  When washing your car at home, wash it on the lawn or other vegetated area to keep the water out of the storm drain. Mild, soapy water won’t hurt your lawn - it will actually water it! In addition: ► Use a shut-off nozzle on your hose to conserve water. ► Choose a soap that is biodegradable, low in phosphates, and contains no chlorine, bleach, nitrates, or ammonia. Avoid labels with Caution, Danger or Warning. ► Use a small amount of soap! You don’t need 4” of suds.  Fund-raise by selling coupons for local commercial car washes. Contact the Puget Sound Car Wash Association at 1-800-509-WASH (9274) for information. For More Information: Contact the City of Edmonds Engineering Division at (425) 771-0220 x1322 or michael.cawrse@edmondswa.gov Cl e a n & G r e e n C h a r i t y C a r W a s h P r o g r a m May 2012 Packet Page 99 of 159 Report Violators! If you suspect a spill or see someone pouring waste down a storm drain, including car wash and rinse water, call the City’s Illicit Discharge Hotline (425) 771-0235 or the Washington Department of Ecology at 1-800-258-5990. Where Does the Soapy Water and Rinse Water Go? Car washwater and rinse water contains a mixture of detergents, oils, and heavy metals. If this wash water flows along the street, it can enter a storm drain, and then flow to Edmonds’ streams and lakes or directly into Puget Sound. This soapy, polluted water is untreated and can kill aquatic plants and animals. Is Car Washing Illegal? No! Washing your car is not illegal. But discharge of anything but clean stormwater runoff into the storm drain is technically illegal, per Edmonds Community Development Code Chapter 7.200. Site Requirements To use the SudSafe Car Wash Kit, the following is required at the site:  Electric power within 100 feet of the wash area.  Grass, gravel, or other vegetated area within 100 feet of the wash area, or a  Sink or toilet that leads to the sewer system within 100 feet of the wash area. What is a Storm Drain? A storm drain, pictured below, is the entrance to a system of underground pipes that collects and carries water from streets and parking lots, and discharges it untreated into Puget Sound, and our lakes, streams and wetlands. To Keep Our Water Clean, Use a Car Wash Kit. The City of Edmonds has a SudSafe Car Wash Kit available to community and religious groups, and schools to encourage environmentally-friendly car wash event. Each kit has all the equipment you’ll need - hoses, safety cones, and a basin to capture and divert the soapy water away from the storm drain and onto a lawn (or other vegetated area) or into a sink that drains to the wastewater treatment system. Organizers can contact the stormwater technician at the City of Edmonds Engineering Division (425) 771-0220 to reserve a kit (first come, first served). Packet Page 100 of 159 Wa s h i n g Y o u r C ar? Ho w t o K e e p L o c a l Waters Clean G e t y o u r c a r c l e a n a n d k e e p E d m o n d s g r e e n a t t h e s a m e time! Ot h e r W a y s t o W a s h Y o u r C a r an d K e e p E d m o n d s C l e a n a n d Gr e e n . • Us e a s h u t - o f f n o z z l e o n y o u r h o s e t o co n s e r v e w a t e r . • Ch o o s e a s o a p t h a t h a s l i t t l e o r n o ph o s p h a t e s , i s b i o d e g r a d a b l e , a n d co n t a i n s n o c h l o r i n e , b l e a c h , n i t r a t e s , o r am m o n i a . A v o i d l a b e l s w i t h “ C a u t i o n , ” “D a n g e r , ” o r “ W a r n i n g . ” T h e s o a p y w a t e r wi l l b e k i n d e r t o y o u r l a w n o r o t h e r ve g e t a t e d a r e a . • Us e a s m a l l a m o u n t o f s o a p ! Y o u d o n ’ t ne e d 4 ” o f s u d s . • If y o u l i v e i n a c o n d o m i n i u m c o m p l e x , a s k y o u r H o m e o w n e r s A s s o c i a t i o n t o pu r c h a s e a S u d S a f e C a r W a s h K i t f o r u s e at y o u r c o m p l e x . T h i s k i t c a n a l l o w y o u t o wa s h y o u r v e h i c l e i n y o u r p a r k i n g l o t a n d no t d i s c h a r g e t h e w a s h w a t e r t o t h e s t o r m dr a i n s . C o n t a c t t h e E n g i n e e r i n g D i v i s i o n Fo r M o r e I n f o r m a t i o n : Co n t a c t t h e C i t y o f E d m o n d s E n g i n e e r i n g Di v i s i o n a t (4 2 5 ) 7 7 1 - 0 2 2 0 x 1 3 2 2 or m ic h a e l . c a w r s e @ e d m o n d s w a . g o v C l e a n & G r e e n C a r W a s h P r o g r a m Ma y 2 0 1 2 Pa c k e t Pa g e 10 1 of 15 9 Is C a r W a s h i n g I l l e g a l ? No ! W a s h i n g y o u r v e h i c l e i s no t i l l e g a l . Bu t d i s c h a r g e o f a n y t h i n g b u t c l e a n st o r m w a t e r r u n o f f i n t o t h e s t o r m d r a i n i s te c h n i c a l l y i l l e g a l , p e r E d m o n d s C o m m u n i t y De v e l o p m e n t C o d e C h a p t e r 7 . 2 0 0 . P e r D e p a r t m e n t o f E c o l o g y re c o m m e n d a t i o n , t h e C i t y h a s a d o p t e d a n ed u c a t i o n a l r a t h e r t h a n e n f o r c e m e n t ap p r o a c h t o c a r w a s h i n g . I f y o u w a n t t o le a r n m o r e , c o n t a c t i n f o r m a t i o n c a n b e fo u n d a t t h e e n d o f t h i s e d u c a t i o n a l br o c h u r e . F o r m o r e i n f o r m a t i o n f r o m t h e D e p a r t m e n t o f E c o l o g y , g o t o ww w . e c y . w a . g o v / p r o g r a m s / w q / s t o r m w a t e r / C a r W a s h . h t m l o r w w w . e c y . w a . g o v / wa s h i n g t o n _ w a t e r s / c a r w a s h . h t m l . Wh e r e D o e s t h e S o a p y W a t e r an d R i n s e W a t e r G o ? Ca r w a s h w a t e r a n d r i n s e w a t e r c o n t a i n s a m ix t u r e o f d e t e r g e n t s , a n d o i l s , h e a v y me t a l s a n d o t h e r p o l l u t a n t s t h a t w e w a s h o f f of o u r v e h i c l e s . I f t h i s w a s h w a t e r f l o w s al o n g t h e s t r e e t , i t c a n e n t e r a s t o r m d r a i n , an d t h e n f l o w t o E d m o n d s ’ s t r e a m s a n d la k e s o r d i r e c t l y i n t o P u g e t S o u n d . T h i s s o a p y , p o l l u t e d w a t e r i s un t r e a t e d a n d c a n k i l l a q u a t i c pl a n t s a n d a n i m a l s . A N o t e o n S o a p s Al l s o a p s , i n c l u d i n g b i o d e g r a d a b l e o n e s , c an h a r m o u r w a t e r w a y s . S o a p s b r e a k t h e su r f a c e t e n s i o n o f w a t e r , l o w e r i n g t h e ox y g e n l e v e l w h i c h i s h a r m f u l t o f i s h a n d ot h e r a q u a t i c l i f e . T h e w o r s t s o a p s c o n t a i n ph o s p h a t e s . T h i s n u t r i e n t c a u s e s un w a n t e d a l g a e b l o o m s i n s u r f a c e w a t e r s . An d d o n ’ t f o r g e t — c a r w a s h w a t e r i s a mi x t u r e o r s o a p , o i l , g r e a s e , a n d h e a v y me t a l s . Wh a t i s a S t o r m D r a i n ? A s t o r m d r a i n , p i c t u r e d b e l o w , i s t h e e nt r a n c e t o a s y s t e m o f u n d e r g r o u n d p i p e s th a t c o l l e c t s a n d c a r r i e s w a t e r f r o m s t r e e t s an d p a r k i n g l o t s , a n d d i s c h a r g e s i t un t r e a t e d in t o P u g e t S o u n d , a n d o u r l a k e s , st r e a m s a n d w e t l a n d s . Wh a t S h o u l d I D o T o K e e p Ou r W a t e r C l e a n ? • Wh e n w a s h i n g y o u r c a r a t h o m e , w a s h it o n t h e l a w n ( o r o t h e r v e g e t a t e d a r e a ) to k e e p t h e w a t e r o u t o f t h e s t o r m d r a i n . Mi l d , s o a p y w a t e r w o n ’ t h u r t y o u r l a w n ; it w i l l a c t u a l l y w a t e r i t ! • Wa s h y o u r c a r o n a n a r e a t h a t d r a i n s t o yo u r l a w n o r a v e g e t a t e d a r e a . • Us e w a t e r l e s s c a r w a s h p r o d u c t s , av a i l a b l e a t a u t o p a r t s s t o r e s , su p e r m a r k e t s , a n d o n l i n e . • Ta k e y o u r c a r t o a co m m e r c i a l c a r w a s h fa c i l i t y t h a t d i s c h a r g e s i t s wa t e r t o t h e s e w e r s y s t e m , w h e r e i t i s tr e a t e d o r r e c y c l e s i t . • Fi n d a c o m m u n i t y c a r w a s h t h a t u s e s a ca r w a s h k i t a n d d i s p o s e s o f t h e w a s h wa t e r t o t h e s e w e r s y s t e m . Wa t e r C o n s e r v a t i o n Ca r w a s h w a t e r u s a g e : Ty p e o f W a s h G a l l o n s p e r c a r S e l f - s e r v i c e 8 - 1 8 C o n v e y o r w a s h 1 4 - 6 0 I n - b a y a u t o m a t i c 1 0 - 5 0 H o m e c a r w a s h i n g 1 6 - 1 8 0 Fo r m a n y o f u s , w a s h i n g o u r c a r o r t r u c k i s as A m e r i c a n a s b a s e b a l l a n d a p p l e p i e . I t ’ s ha r d t o i m a g i n e t h a t t h e r e i s a c o n n e c t i o n be t w e e n k e e p i n g y o u r c a r c l e a n a n d k e e p - in g o u r s t r e a m s , l a k e s , a n d m a r i n e w a t e r s cl e a n a n d h e a l t h y . I t ’ s h a r d e r s t i l l t o b e l i e v e th a t o n e p e r s o n w a s h i n g t h e i r c a r c a n r e a l l y ca u s e a n y h a r m . Ho w e v e r , t h o u s a n d s o f pe o p l e w a s h i n g t h e i r c a r s c a n b e a s e r i o u s pr o b l e m . Pa c k e t Pa g e 10 2 of 15 9 AM-4885 2. F. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted For:Mike De Lilla Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Report on bids opened June 5, 2012 for the 2012 Waterline Replacement Project and award of contract to D&G Backhoe in the amount of $652,352.23. Recommendation Forward this item to the consent agenda for approval at the June 19, 2012 Council meeting. Previous Council Action On February 21, 2012 Council authorized Staff to call for bids for the 2012 Waterline Replacement Project. Narrative On June 5, 2012, the City received six (6) bids for the 2012 Waterline Replacement Project. The bids ranged from a low of $652,352.23 to a high of $915,688.28 including sales tax. The bid tabulation summary is attached as Exhibit 1. D&G Backhoe submitted the low responsive bid in the amount of $652,352.23, including sales tax. The engineer’s estimate was $933,668.67. A review of the low bidder’s record was positive. This project is part of the City’s program to replace and upgrade existing waterlines at various locations around the City that are reaching the end of their useful service life, is undersized and unable to meet current requirements, or has some other existing system deficiency. The project will replace, at various locations around the City, approximately 3,300 linear feet of waterline piping with associated meters, fire hydrants, and a pressure reducing station. The total 2012 budget required to fund this project is approximately $831,000 and is broken down as follows: Engineering/Design Cost (Year to Date)$13,766 Engineering & Construction Management $50,000 Contract Award $652,352 Testing Lab Services $16,750 Contingency (Approximately 15% of Construction)$98,000 TOTAL $830,868 The following funding sources will be used to pay for the project: Fire Hydrant Improvements (General Fund Transfer)$30,647 412-100 funds available for Project per 2012 Budget $1,054,297 TOTAL FUNDS AVAILABLE $1,084,944 Packet Page 103 of 159 The General Fund transfer of $30,647 represents the estimated project cost to install fire hydrants. This transfer will be funded by the 8.7% water utility tax that is collected by the General Fund for fire hydrant improvements. Attachments Exhibit 1 - Bid Tab Exhibit 2 - Site Map Form Review Inbox Reviewed By Date Engineering Robert English 06/06/2012 04:25 PM Public Works Phil Williams 06/07/2012 03:48 PM City Clerk Sandy Chase 06/07/2012 03:54 PM Mayor Dave Earling 06/07/2012 03:56 PM Finalize for Agenda Sandy Chase 06/07/2012 03:57 PM Form Started By: Megan Cruz Started On: 06/06/2012 02:48 PM Final Approval Date: 06/07/2012 Packet Page 104 of 159 Ci t y o f E d m o n d s 20 1 2 W a t e r m a i n R e p l a c e m e n t Bi d T a b 5- J u n - 1 2 En g i n e e r s E s t i m a t e D& G B a c k h o e Ka r - V e l IC I Laser Underground Marshbank Road Construction NW It e m / D e s c r i p t i o n Un i t Q u a n t i t y U n i t C o s t To t a l C o s t U n i t C o s t T o t a l C o s t U n i t C o s t T o t a l C o s t U n i t C o s t T o t a l C o s t U n i t C o s t T o t a l C o s t U n i t C o s t T o t a l C o s t U n i t C o s t T o t a l C o s t Sc h e d u l e A - A1 Mo b i l i z a t i o n / D e m o b LS 1 46 , 0 5 2 . 4 4 $ 46 , 0 5 2 . 4 4 $ $3 1 , 5 0 6 . 0 0 $ 3 1 , 5 0 6 . 0 0 $ 3 5 , 0 0 0 . 0 0 $ 3 5 , 0 0 0 . 0 0 $ 3 2 , 5 0 0 . 0 0 $ 3 2 , 5 0 0 . 0 0 $ 4 2 , 0 0 0 . 0 0 $ 4 2 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 A2 Tr a f f i c C o n t r o l LS 1 9, 2 1 0 . 4 9 $ 9, 2 1 0 . 4 9 $ $2 1 , 5 0 0 . 0 0 $ 2 1 , 5 0 0 . 0 0 $ 7 , 0 0 0 . 0 0 $7 , 0 0 0 . 0 0 $ 2 7 , 5 0 0 . 0 0 $ 2 7 , 5 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 4 2 , 0 0 0 . 0 0 $ 4 2 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 A3 Sh o r i n g a n d T r e n c h S a f e t y LS 1 4, 6 0 5 . 2 4 $ 4, 6 0 5 . 2 4 $ $5 0 0 . 0 0 $5 0 0 . 0 0 $ 1 0 0 . 0 0 $1 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $3 , 5 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $5,000.00 $ 1 , 1 3 0 . 0 0 $1,130.00 $3,000.00 $3,000.00 A4 TE S C LS 1 4, 6 0 5 . 2 4 $ 4, 6 0 5 . 2 4 $ $5 0 0 . 0 0 $5 0 0 . 0 0 $ 4 0 0 . 0 0 $4 0 0 . 0 0 $ 4 , 5 0 0 . 0 0 $4 , 5 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $3,000.00 $ 1 1 , 8 0 0 . 0 0 $ 1 1 , 8 0 0 . 0 0 $ 9 0 0 . 0 0 $900.00 A5 8" x 8 " T e e EA 4 50 0 . 0 0 $ 2, 0 0 0 . 0 0 $ $3 7 5 . 0 0 $1 , 5 0 0 . 0 0 $ 3 0 0 . 0 0 $1 , 2 0 0 . 0 0 $ 5 0 0 . 0 0 $2 , 0 0 0 . 0 0 $ 7 0 0 . 0 0 $2,800.00 $ 3 5 5 . 0 0 $1,420.00 $900.00 $3,600.00 A6 8" x 6 " T e e EA 3 50 0 . 0 0 $ 1, 5 0 0 . 0 0 $ $2 5 0 . 0 0 $7 5 0 . 0 0 $ 2 0 0 . 0 0 $6 0 0 . 0 0 $ 4 2 5 . 0 0 $1 , 2 7 5 . 0 0 $ 6 0 0 . 0 0 $1,800.00 $ 2 5 0 . 0 0 $750.00 $900.00 $2,700.00 A7 8" x 4 " T e e EA 1 50 0 . 0 0 $ 50 0 . 0 0 $ $2 5 0 . 0 0 $2 5 0 . 0 0 $ 3 0 0 . 0 0 $3 0 0 . 0 0 $ 5 0 0 . 0 0 $5 0 0 . 0 0 $ 6 0 0 . 0 0 $600.00 $ 3 3 5 . 0 0 $335.00 $900.00 $900.00 A8 8" x 6 " R e d u c e r EA 2 35 0 . 0 0 $ 70 0 . 0 0 $ $1 5 0 . 0 0 $3 0 0 . 0 0 $ 1 0 0 . 0 0 $2 0 0 . 0 0 $ 2 0 0 . 0 0 $4 0 0 . 0 0 $ 3 0 0 . 0 0 $600.00 $ 1 7 0 . 0 0 $340.00 $900.00 $1,800.00 A9 8" x 4 " R e d u c e r EA 1 25 0 . 0 0 $ 25 0 . 0 0 $ $1 2 5 . 0 0 $1 2 5 . 0 0 $ 9 0 . 0 0 $9 0 . 0 0 $ 1 7 5 . 0 0 $1 7 5 . 0 0 $ 3 0 0 . 0 0 $300.00 $ 1 5 0 . 0 0 $150.00 $900.00 $900.00 A1 0 8" R S G V EA 1 4 1, 1 8 9 . 7 6 $ 16 , 6 5 6 . 6 4 $ $1 , 0 4 6 . 0 0 $ 1 4 , 6 4 4 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 4 , 0 0 0 . 0 0 $ 1 , 0 5 0 . 0 0 $ 1 4 , 7 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 4 , 0 0 0 . 0 0 $ 1 , 0 3 0 . 0 0 $ 1 4 , 4 2 0 . 0 0 $ 1 , 2 0 0 . 0 0 $ 1 6 , 8 0 0 . 0 0 A1 1 6" R S G V EA 3 80 0 . 0 0 $ 2, 4 0 0 . 0 0 $ $7 5 3 . 0 0 $2 , 2 5 9 . 0 0 $ 7 0 0 . 0 0 $2 , 1 0 0 . 0 0 $ 7 7 5 . 0 0 $2 , 3 2 5 . 0 0 $ 9 0 0 . 0 0 $2,700.00 $ 7 3 5 . 0 0 $2,205.00 $ 1 , 1 0 0 . 0 0 $3,300.00 A1 2 4" R S G V EA 1 60 0 . 0 0 $ 60 0 . 0 0 $ $6 5 5 . 0 0 $6 5 5 . 0 0 $ 5 0 0 . 0 0 $5 0 0 . 0 0 $ 6 5 0 . 0 0 $6 5 0 . 0 0 $ 8 0 0 . 0 0 $800.00 $ 5 7 0 . 0 0 $570.00 $ 9 0 0 . 0 0 $900.00 A1 3 8- i n c h 1 1 - 1 / 4 * B e n d EA 11 40 0 . 0 0 $ 4, 4 0 0 . 0 0 $ $9 5 . 0 0 $1 , 0 4 5 . 0 0 $ 2 5 . 0 0 $2 7 5 . 0 0 $ 3 2 5 . 0 0 $3 , 5 7 5 . 0 0 $ 5 0 0 . 0 0 $5,500.00 $ 2 0 0 . 0 0 $2,200.00 $ 5 0 0 . 0 0 $5,500.00 A1 4 8- i n c h 2 2 - 1 / 2 * B e n d EA 6 40 0 . 0 0 $ 2, 4 0 0 . 0 0 $ $1 0 0 . 0 0 $6 0 0 . 0 0 $ 1 6 0 . 0 0 $9 6 0 . 0 0 $ 3 2 5 . 0 0 $1 , 9 5 0 . 0 0 $ 5 0 0 . 0 0 $3,000.00 $ 2 0 0 . 0 0 $1,200.00 $ 5 0 0 . 0 0 $3,000.00 A1 5 Ca p , 4 - i n c h , M J EA 2 13 0 . 0 0 $ 26 0 . 0 0 $ $3 5 . 0 0 $7 0 . 0 0 $ 5 0 . 0 0 $1 0 0 . 0 0 $ 2 5 0 . 0 0 $5 0 0 . 0 0 $ 5 0 0 . 0 0 $1,000.00 $ 1 1 5 . 0 0 $230.00 $ 9 0 0 . 0 0 $1,800.00 A1 6 In s t a l l F i r e H y d r a n t s ( 6 " ) EA 3 3, 7 8 5 . 6 0 $ 11 , 3 5 6 . 8 0 $ $4 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 4 , 2 0 0 . 0 0 $ 1 2 , 6 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 4 , 5 0 0 . 0 0 $ 1 3 , 5 0 0 . 0 0 $ 3 , 3 5 0 . 0 0 $ 1 0 , 0 5 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 A1 7 8- i n c h C l a s s 5 2 D . I . P . LF 1, 9 8 7 63 . 0 0 $ 12 5 , 1 8 1 . 0 0 $ $7 4 . 0 0 $ 1 4 7 , 0 3 8 . 0 0 $ 6 7 . 0 0 $ 1 3 3 , 1 2 9 . 0 0 $ 6 5 . 0 0 $ 1 2 9 , 1 5 5 . 0 0 $ 6 2 . 0 0 $ 1 2 3 , 1 9 4 . 0 0 $ 6 9 . 0 0 $ 1 3 7 , 1 0 3 . 0 0 $ 7 5 . 0 0 $ 1 4 9 , 0 2 5 . 0 0 A1 8 6- i n c h C l a s s 5 2 D . I . P . LF 18 60 . 0 0 $ 1, 0 8 0 . 0 0 $ $6 9 . 0 0 $1 , 2 4 2 . 0 0 $ 3 0 . 0 0 $5 4 0 . 0 0 $ 1 0 0 . 0 0 $1 , 8 0 0 . 0 0 $ 6 0 . 0 0 $1,080.00 $ 5 9 . 0 0 $1,062.00 $ 7 0 . 0 0 $1,260.00 A1 9 4- i n c h C l a s s 5 2 D . I . P LF 37 8 60 . 0 0 $ 22 , 6 8 0 . 0 0 $ $6 9 . 0 0 $ 2 6 , 0 8 2 . 0 0 $ 5 6 . 0 0 $ 2 1 , 1 6 8 . 0 0 $ 5 5 . 0 0 $ 2 0 , 7 9 0 . 0 0 $ 5 5 . 0 0 $ 2 0 , 7 9 0 . 0 0 $ 6 2 . 0 0 $ 2 3 , 4 3 6 . 0 0 $ 6 0 . 0 0 $ 2 2 , 6 8 0 . 0 0 A2 0 Bl o w O f f A s s e m b l y EA 2 3, 2 0 0 . 0 0 $ 6, 4 0 0 . 0 0 $ $1 , 5 9 0 . 0 0 $3 , 1 8 0 . 0 0 $ 2 , 5 0 0 . 0 0 $5 , 0 0 0 . 0 0 $ 1 , 7 5 0 . 0 0 $3 , 5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 $5,000.00 $ 1 , 9 0 0 . 0 0 $3,800.00 $ 4 , 5 0 0 . 0 0 $9,000.00 A2 1 AR V A s s e m b l y EA 1 4, 4 0 0 . 0 0 $ 4, 4 0 0 . 0 0 $ $2 , 5 5 2 . 0 0 $2 , 5 5 2 . 0 0 $ 2 , 5 0 0 . 0 0 $2 , 5 0 0 . 0 0 $ 2 , 5 5 0 . 0 0 $2 , 5 5 0 . 0 0 $ 4 , 0 0 0 . 0 0 $4,000.00 $ 2 , 7 5 0 . 0 0 $2,750.00 $ 3 , 2 5 0 . 0 0 $3,250.00 A2 2 Im p o r t B a c k f i l l f o r T r e n c h e s LF 2, 3 6 5 12 . 0 0 $ 28 , 3 8 0 . 0 0 $ $0 . 1 0 $2 3 6 . 5 0 $0 . 2 5 $5 9 1 . 2 5 $1 . 0 0 $2 , 3 6 5 . 0 0 $1.00 $2,365.00 $ 1 2 . 9 0 $ 3 0 , 5 0 8 . 5 0 $0.50 $1,182.50 A2 3 Im p o r t B a s e T r e n c h e s LF 2, 3 6 5 6. 0 0 $ 14 , 1 9 0 . 0 0 $ $0 . 1 0 $2 3 6 . 5 0 $0 . 2 5 $5 9 1 . 2 5 $1 . 0 0 $2 , 3 6 5 . 0 0 $1.00 $2,365.00 $2.80 $6,622.00 $ 1 1 . 0 0 $ 2 6 , 0 1 5 . 0 0 A2 4 CS B C LF 2 , 3 6 5 6. 0 0 $ 14 , 1 9 0 . 0 0 $ $0 . 1 0 $2 3 6 . 5 0 $0 . 2 5 $5 9 1 . 2 5 $4 . 0 0 $9 , 4 6 0 . 0 0 $1.00 $2,365.00 $3.90 $9,223.50 $ 1 1 . 0 0 $ 2 6 , 0 1 5 . 0 0 A2 5 3/ 4 " S e r v i c e - s h o r t s i d e EA 25 1, 5 0 0 . 0 0 $ 37 , 5 0 0 . 0 0 $ $1 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 $ 1 , 7 0 0 . 0 0 $ 4 2 , 5 0 0 . 0 0 $ 9 0 0 . 0 0 $ 2 2 , 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $ 3 7 , 5 0 0 . 0 0 $ 1 , 6 0 0 . 0 0 $ 4 0 , 0 0 0 . 0 0 $ 9 0 0 . 0 0 $ 2 2 , 5 0 0 . 0 0 A2 6 3/ 4 " S e r v i c e - l o n g s i d e EA 21 1, 9 0 0 . 0 0 $ 39 , 9 0 0 . 0 0 $ $1 , 1 7 5 . 0 0 $ 2 4 , 6 7 5 . 0 0 $ 1 , 9 0 0 . 0 0 $ 3 9 , 9 0 0 . 0 0 $ 1 , 2 5 0 . 0 0 $ 2 6 , 2 5 0 . 0 0 $ 1 , 8 0 0 . 0 0 $ 3 7 , 8 0 0 . 0 0 $ 1 , 8 0 0 . 0 0 $ 3 7 , 8 0 0 . 0 0 $ 1 , 2 0 0 . 0 0 $ 2 5 , 2 0 0 . 0 0 A2 7 Te m p o r a r y T r e n c h P a t c h LF 2, 3 6 5 10 . 0 0 $ 23 , 6 5 0 . 0 0 $ $0 . 1 0 $2 3 6 . 5 0 $0 . 5 0 $1 , 1 8 2 . 5 0 $5 . 0 0 $ 1 1 , 8 2 5 . 0 0 $5.00 $ 1 1 , 8 2 5 . 0 0 $8.70 $ 2 0 , 5 7 5 . 5 0 $9.00 $ 2 1 , 2 8 5 . 0 0 A2 8 HM A C L 1 / 2 " P G 5 8 - 2 2 T r e n c h P a t c h 4 " D e p t h L F 2, 3 6 5 30 . 0 0 $ 70 , 9 5 0 . 0 0 $ $0 . 1 0 $2 3 6 . 5 0 $6 . 0 0 $ 1 4 , 1 9 0 . 0 0 $ 1 0 . 0 0 $ 2 3 , 6 5 0 . 0 0 $ 1 5 . 0 0 $ 3 5 , 4 7 5 . 0 0 $ 1 5 . 0 0 $ 3 5 , 4 7 5 . 0 0 $ 1 5 . 0 0 $ 3 5 , 4 7 5 . 0 0 A2 9 Sp e c i a l C o n n e c t i o n EA 4 3, 0 0 0 . 0 0 $ 12 , 0 0 0 . 0 0 $ $1 , 9 9 0 . 0 0 $7 , 9 6 0 . 0 0 $ 4 , 2 0 0 . 0 0 $ 1 6 , 8 0 0 . 0 0 $ 5 , 5 0 0 . 0 0 $ 2 2 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 1 6 , 0 0 0 . 0 0 $ 1 , 4 0 0 . 0 0 $5,600.00 $ 3 , 5 0 0 . 0 0 $ 1 4 , 0 0 0 . 0 0 A3 0 Si t e R e s t o r a t i o n LS 1 6, 0 0 0 . 0 0 $ 6, 0 0 0 . 0 0 $ $8 , 4 5 0 . 0 0 $8 , 4 5 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $6 , 0 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $5,000.00 $ 2 0 , 5 0 0 . 0 0 $ 2 0 , 5 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $5,000.00 A3 1 As - B u i l t s LS 1 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ $3 , 0 0 0 . 0 0 $3 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $1 , 0 0 0 . 0 0 $ 7 5 0 . 0 0 $7 5 0 . 0 0 $ 5 , 0 0 0 . 0 0 $5,000.00 $ 6 2 5 . 0 0 $625.00 $ 2 , 0 0 0 . 0 0 $2,000.00 A3 2 Mi n o r C h a n g e s ES T 1 10 , 0 0 0 . 0 0 $ 10 , 0 0 0 . 0 0 $ $1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 Su b t o t a l 5 2 4 , 9 9 7 . 8 6 $ Su b t o t a l $ 3 4 8 , 5 6 5 . 5 0 S u b t o t a l $ 3 8 0 , 1 0 8 . 2 5 S u b t o t a l $ 4 0 6 , 0 1 0 . 0 0 S u b t o t a l $ 4 3 6 , 3 5 9 . 0 0 S u b t o t a l $ 5 1 3 , 8 8 0 . 5 0 S u b t o t a l $ 4 9 3 , 9 8 7 . 5 0 *W S S T ( 9 . 5 % ) 49 , 8 7 4 . 8 0 $ *W S S T ( 9 . 5 % ) $ 3 3 , 1 1 3 . 7 2 * W S S T ( 9 . 5 % ) $ 3 6 , 1 1 0 . 2 8 * W S S T ( 9 . 5 % ) $ 3 8 , 5 7 0 . 9 5 * W S S T ( 9 . 5 % ) $ 4 1 , 4 5 4 . 1 1 * W S S T ( 9 . 5 % ) $ 4 8 , 8 1 8 . 6 5 * W S S T ( 9 . 5 % ) $ 4 6 , 9 2 8 . 8 1 To t a l 57 4 , 8 7 2 . 6 6 $ To t a l $3 8 1 , 6 7 9 . 2 2 To t a l $4 1 6 , 2 1 8 . 5 3 To t a l $4 4 4 , 5 8 0 . 9 5 Total $477,813.11 Total $562,699.15 Total $540,916.31 C o n t i n g e n c y To t a l 5 7 4 , 8 7 2 . 6 6 $ $0 . 0 0 $ 3 8 1 , 6 7 9 . 2 2 $4 1 6 , 2 1 8 . 5 3 $4 4 4 , 5 8 0 . 9 5 $477,813.11 $562,699.15 $540,916.31 6/ 6 / 2 0 1 2 S:\ENGR\Megan\Engineering Admin\PROJECTS\E1JE.2012 Waterline Project\Bid Tab 2012 Watermain.xls Pa c k e t Pa g e 10 5 of 15 9 En g i n e e r s E s t i m a t e D& G B a c k h o e Ka r - V e l IC I Laser Underground Marshbank Road Construction NW It e m / D e s c r i p t i o n Un i t Qu a n t i t y Un i t C o s t To t a l C o s t Un i t C o s t To t a l C o s t Un i t C o s t To t a l C o s t Un i t C o s t To t a l C o s t Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Sc h e d u l e B - B1 Mo b i l i z a t i o n / D e m o b LS 1 28 , 6 5 5 . 0 5 $ 28 , 6 5 5 . 0 5 $ $2 1 , 0 0 4 . 0 0 $ 2 1 , 0 0 4 . 0 0 $ 2 6 , 0 0 0 . 0 0 $ 2 6 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 3 3 , 0 0 0 . 0 0 $ 3 3 , 0 0 0 . 0 0 $ 1 6 , 0 0 0 . 0 0 $ 1 6 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 B2 Tr a f f i c C o n t r o l LS 1 5, 7 3 1 . 0 1 $ 5, 7 3 1 . 0 1 $ $8 , 5 0 0 . 0 0 $8 , 5 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $3 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 2 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 7 , 0 0 0 . 0 0 $ 1 7 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 $ 2 5 , 0 0 0 . 0 0 B3 Sh o r i n g a n d T r e n c h S a f e t y LS 1 2, 8 6 5 . 5 1 $ 2, 8 6 5 . 5 1 $ $5 0 0 . 0 0 $5 0 0 . 0 0 $ 1 0 0 . 0 0 $1 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $1 , 5 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $5,000.00 $ 1 , 1 3 0 . 0 0 $1,130.00 $2,000.00 $2,000.00 B4 TE S C LS 1 2, 8 6 5 . 5 1 $ 2, 8 6 5 . 5 1 $ $5 0 0 . 0 0 $5 0 0 . 0 0 $ 7 0 0 . 0 0 $7 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $1 , 5 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 $3,000.00 $ 8 , 3 0 0 . 0 0 $8,300.00 $900.00 $900.00 B5 8" x 8 " T e e EA 2 50 0 . 0 0 $ 1, 0 0 0 . 0 0 $ $3 7 5 . 0 0 $7 5 0 . 0 0 $ 3 0 0 . 0 0 $6 0 0 . 0 0 $ 7 5 0 . 0 0 $1 , 5 0 0 . 0 0 $ 7 0 0 . 0 0 $1,400.00 $ 3 5 0 . 0 0 $700.00 $900.00 $1,800.00 B6 8" x 6 " T e e EA 1 50 0 . 0 0 $ 50 0 . 0 0 $ $2 5 0 . 0 0 $2 5 0 . 0 0 $ 2 0 0 . 0 0 $2 0 0 . 0 0 $ 4 2 5 . 0 0 $4 2 5 . 0 0 $ 7 0 0 . 0 0 $700.00 $ 2 5 0 . 0 0 $250.00 $900.00 $900.00 B7 12 " x 1 2 " T e e EA 1 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ $7 4 0 . 0 0 $7 4 0 . 0 0 $ 7 0 0 . 0 0 $7 0 0 . 0 0 $ 9 2 5 . 0 0 $9 2 5 . 0 0 $ 1 , 5 0 0 . 0 0 $1,500.00 $ 7 0 0 . 0 0 $700.00 $900.00 $900.00 B8 12 " x 8 " T e e EA 1 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ $6 2 5 . 0 0 $6 2 5 . 0 0 $ 5 5 0 . 0 0 $5 5 0 . 0 0 $ 8 5 0 . 0 0 $8 5 0 . 0 0 $ 1 , 2 0 0 . 0 0 $1,200.00 $ 5 9 0 . 0 0 $590.00 $900.00 $900.00 B9 12 " x 6 " T e e EA 1 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ $3 9 5 . 0 0 $3 9 5 . 0 0 $ 5 0 0 . 0 0 $5 0 0 . 0 0 $ 8 0 0 . 0 0 $8 0 0 . 0 0 $ 1 , 2 0 0 . 0 0 $1,200.00 $ 5 4 0 . 0 0 $540.00 $900.00 $900.00 B1 0 12 " x 8 " R e d u c e r EA 1 50 0 . 0 0 $ 50 0 . 0 0 $ $1 7 5 . 0 0 $1 7 5 . 0 0 $ 1 7 0 . 0 0 $1 7 0 . 0 0 $ 3 7 5 . 0 0 $3 7 5 . 0 0 $ 6 0 0 . 0 0 $600.00 $ 2 3 0 . 0 0 $230.00 $900.00 $900.00 B1 1 12 " R S G V EA 7 1, 7 0 0 . 0 0 $ 11 , 9 0 0 . 0 0 $ $1 , 8 5 0 . 0 0 $ 1 2 , 9 5 0 . 0 0 $ 1 , 6 0 0 . 0 0 $ 1 1 , 2 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 1 4 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 1 4 , 0 0 0 . 0 0 $ 1 , 9 0 0 . 0 0 $ 1 3 , 3 0 0 . 0 0 $ 1 , 2 0 0 . 0 0 $8,400.00 B1 2 8" R S G V EA 7 1, 1 8 9 . 7 6 $ 8, 3 2 8 . 3 2 $ $1 , 0 4 6 . 0 0 $7 , 3 2 2 . 0 0 $ 1 , 0 0 0 . 0 0 $7 , 0 0 0 . 0 0 $ 1 , 0 5 0 . 0 0 $7 , 3 5 0 . 0 0 $ 1 , 0 0 0 . 0 0 $7,000.00 $ 1 , 0 3 0 . 0 0 $7,210.00 $1,000.00 $7,000.00 B1 3 6" R S G V EA 2 80 0 . 0 0 $ 1, 6 0 0 . 0 0 $ $7 5 3 . 0 0 $1 , 5 0 6 . 0 0 $ 7 0 0 . 0 0 $1 , 4 0 0 . 0 0 $ 7 7 5 . 0 0 $1 , 5 5 0 . 0 0 $ 9 0 0 . 0 0 $1,800.00 $ 7 3 5 . 0 0 $1,470.00 $900.00 $1,800.00 B1 4 12 - i n c h 4 5 * B e n d EA 4 80 0 . 0 0 $ 3, 2 0 0 . 0 0 $ $2 7 5 . 0 0 $1 , 1 0 0 . 0 0 $ 4 0 0 . 0 0 $1 , 6 0 0 . 0 0 $ 6 0 0 . 0 0 $2 , 4 0 0 . 0 0 $ 9 0 0 . 0 0 $3,600.00 $ 4 5 0 . 0 0 $1,800.00 $800.00 $3,200.00 B1 5 8- i n c h 4 5 * B e n d EA 4 45 0 . 0 0 $ 1, 8 0 0 . 0 0 $ $1 0 0 . 0 0 $4 0 0 . 0 0 $ 1 7 0 . 0 0 $6 8 0 . 0 0 $ 4 0 0 . 0 0 $1 , 6 0 0 . 0 0 $ 7 0 0 . 0 0 $2,800.00 $ 2 2 5 . 0 0 $900.00 $ 5 0 0 . 0 0 $2,000.00 B1 6 8- i n c h 1 1 - 1 / 4 * B e n d EA 1 40 0 . 0 0 $ 40 0 . 0 0 $ $9 5 . 0 0 $9 5 . 0 0 $ 5 0 . 0 0 $5 0 . 0 0 $ 4 0 0 . 0 0 $4 0 0 . 0 0 $ 6 0 0 . 0 0 $600.00 $ 2 5 0 . 0 0 $250.00 $ 5 0 0 . 0 0 $500.00 B1 7 Ca p , 1 2 - i n c h , M J EA 1 30 0 . 0 0 $ 30 0 . 0 0 $ $1 7 5 . 0 0 $1 7 5 . 0 0 $ 1 0 0 . 0 0 $1 0 0 . 0 0 $ 4 0 0 . 0 0 $4 0 0 . 0 0 $ 8 0 0 . 0 0 $800.00 $ 1 8 5 . 0 0 $185.00 $ 9 0 0 . 0 0 $900.00 B1 8 Ca p , 8 - i n c h , M J EA 1 23 0 . 0 0 $ 23 0 . 0 0 $ $1 1 0 . 0 0 $1 1 0 . 0 0 $ 6 0 . 0 0 $6 0 . 0 0 $ 3 0 0 . 0 0 $3 0 0 . 0 0 $ 7 0 0 . 0 0 $700.00 $ 1 3 5 . 0 0 $135.00 $ 9 0 0 . 0 0 $900.00 B1 9 Ca p , 6 - i n c h , M J EA 1 18 0 . 0 0 $ 18 0 . 0 0 $ $9 5 . 0 0 $9 5 . 0 0 $ 5 0 . 0 0 $5 0 . 0 0 $ 3 0 0 . 0 0 $3 0 0 . 0 0 $ 6 0 0 . 0 0 $600.00 $ 1 1 5 . 0 0 $115.00 $ 9 0 0 . 0 0 $900.00 B2 0 In s t a l l F i r e H y d r a n t s ( 6 " ) EA 2 3, 7 8 5 . 6 0 $ 7, 5 7 1 . 2 0 $ $4 , 0 0 0 . 0 0 $8 , 0 0 0 . 0 0 $ 4 , 2 0 0 . 0 0 $8 , 4 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 4 , 5 0 0 . 0 0 $9,000.00 $ 4 , 0 5 0 . 0 0 $8,100.00 $ 5 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 B2 1 12 - i n c h C l a s s 5 2 D . I . P . LF 11 6 95 . 0 0 $ 11 , 0 2 0 . 0 0 $ $9 0 . 0 0 $ 1 0 , 4 4 0 . 0 0 $ 1 4 3 . 0 0 $ 1 6 , 5 8 8 . 0 0 $ 1 0 5 . 0 0 $ 1 2 , 1 8 0 . 0 0 $ 2 0 0 . 0 0 $ 2 3 , 2 0 0 . 0 0 $ 1 2 8 . 0 0 $ 1 4 , 8 4 8 . 0 0 $ 1 2 4 . 0 0 $ 1 4 , 3 8 4 . 0 0 B2 2 8- i n c h C l a s s 5 2 D . I . P . LF 83 1 63 . 0 0 $ 52 , 3 5 3 . 0 0 $ $7 4 . 0 0 $ 6 1 , 4 9 4 . 0 0 $ 6 5 . 0 0 $ 5 4 , 0 1 5 . 0 0 $ 6 5 . 0 0 $ 5 4 , 0 1 5 . 0 0 $ 6 2 . 0 0 $ 5 1 , 5 2 2 . 0 0 $ 7 0 . 0 0 $ 5 8 , 1 7 0 . 0 0 $ 7 8 . 0 0 $ 6 4 , 8 1 8 . 0 0 B2 3 6- i n c h C l a s s 5 2 D . I . P . LF 21 60 . 0 0 $ 1, 2 6 0 . 0 0 $ $6 9 . 0 0 $1 , 4 4 9 . 0 0 $ 3 5 . 0 0 $7 3 5 . 0 0 $ 1 0 0 . 0 0 $2 , 1 0 0 . 0 0 $ 5 5 . 0 0 $1,155.00 $ 7 2 . 0 0 $1,512.00 $ 7 0 . 0 0 $1,470.00 B2 4 Bl o w O f f A s s e m b l y EA 2 3, 2 0 0 . 0 0 $ 6, 4 0 0 . 0 0 $ $1 , 5 9 0 . 0 0 $3 , 1 8 0 . 0 0 $ 3 , 1 0 0 . 0 0 $6 , 2 0 0 . 0 0 $ 1 , 7 7 5 . 0 0 $3 , 5 5 0 . 0 0 $ 2 , 5 0 0 . 0 0 $5,000.00 $ 1 , 6 0 0 . 0 0 $3,200.00 $ 4 , 5 0 0 . 0 0 $9,000.00 B2 5 AR V A s s e m b l y EA 1 4, 4 0 0 . 0 0 $ 4, 4 0 0 . 0 0 $ $2 , 5 5 2 . 0 0 $2 , 5 5 2 . 0 0 $ 3 , 0 0 0 . 0 0 $3 , 0 0 0 . 0 0 $ 2 , 5 5 0 . 0 0 $2 , 5 5 0 . 0 0 $ 4 , 0 0 0 . 0 0 $4,000.00 $ 2 , 4 5 0 . 0 0 $2,450.00 $ 3 , 2 5 0 . 0 0 $3,250.00 B2 6 Im p o r t B a c k f i l l f o r T r e n c h e s LF 94 7 12 . 0 0 $ 11 , 3 6 4 . 0 0 $ $0 . 1 0 $9 4 . 7 0 $0 . 2 5 $2 3 6 . 7 5 $1 . 0 0 $9 4 7 . 0 0 $1.00 $947.00 $ 1 2 . 9 0 $ 1 2 , 2 1 6 . 3 0 $0.50 $473.50 B2 7 Im p o r t B a s e T r e n c h e s LF 94 7 6. 0 0 $ 5, 6 8 2 . 0 0 $ $0 . 1 0 $9 4 . 7 0 $0 . 2 5 $2 3 6 . 7 5 $1 . 0 0 $9 4 7 . 0 0 $1.00 $947.00 $2.80 $2,651.60 $ 1 1 . 0 0 $ 1 0 , 4 1 7 . 0 0 B2 8 CS B C LF 9 4 7 6. 0 0 $ 5, 6 8 2 . 0 0 $ $0 . 1 0 $9 4 . 7 0 $0 . 2 5 $2 3 6 . 7 5 $4 . 0 0 $3 , 7 8 8 . 0 0 $1.00 $947.00 $3.90 $3,693.30 $ 1 1 . 0 0 $ 1 0 , 4 1 7 . 0 0 B2 9 3/ 4 " S e r v i c e - s h o r t s i d e EA 5 1, 5 0 0 . 0 0 $ 7, 5 0 0 . 0 0 $ $1 , 0 0 0 . 0 0 $5 , 0 0 0 . 0 0 $ 1 , 6 0 0 . 0 0 $8 , 0 0 0 . 0 0 $ 9 0 0 . 0 0 $4 , 5 0 0 . 0 0 $ 1 , 5 0 0 . 0 0 $7,500.00 $ 1 , 6 0 0 . 0 0 $8,000.00 $ 9 0 0 . 0 0 $4,500.00 B3 0 3/ 4 " S e r v i c e - l o n g s i d e EA 5 1, 9 0 0 . 0 0 $ 9, 5 0 0 . 0 0 $ $1 , 1 7 5 . 0 0 $5 , 8 7 5 . 0 0 $ 2 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 , 2 5 0 . 0 0 $6 , 2 5 0 . 0 0 $ 1 , 8 0 0 . 0 0 $9,000.00 $ 1 , 8 0 0 . 0 0 $9,000.00 $ 1 , 2 0 0 . 0 0 $6,000.00 B3 1 Te m p o r a r y T r e n c h P a t c h LF 94 7 10 . 0 0 $ 9, 4 7 0 . 0 0 $ $0 . 1 0 $9 4 . 7 0 $0 . 5 0 $4 7 3 . 5 0 $5 . 0 0 $4 , 7 3 5 . 0 0 $5.00 $4,735.00 $9.00 $8,523.00 $9.00 $8,523.00 B3 2 HM A C L 1 / 2 " P G 5 8 - 2 2 T r e n c h P a t c h 4 " D e p t h L F 94 7 30 . 0 0 $ 28 , 4 1 0 . 0 0 $ $0 . 1 0 $9 4 . 7 0 $6 . 0 0 $5 , 6 8 2 . 0 0 $ 1 0 . 0 0 $9 , 4 7 0 . 0 0 $ 1 5 . 0 0 $ 1 4 , 2 0 5 . 0 0 $ 1 5 . 0 0 $ 1 4 , 2 0 5 . 0 0 $ 1 5 . 0 0 $ 1 4 , 2 0 5 . 0 0 B3 3 PR V S t a t i o n a n d A p p u r t e n a n c e s EA 1 55 , 0 0 0 . 0 0 $ 55 , 0 0 0 . 0 0 $ $6 1 , 2 2 4 . 4 5 $ 6 1 , 2 2 4 . 4 5 $ 5 9 , 0 0 0 . 0 0 $ 5 9 , 0 0 0 . 0 0 $ 6 0 , 0 0 0 . 0 0 $ 6 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 7 0 , 0 0 0 . 0 0 $ 6 5 , 0 0 0 . 0 0 $ 6 5 , 0 0 0 . 0 0 $ 7 2 , 0 0 0 . 0 0 $ 7 2 , 0 0 0 . 0 0 B3 4 Sp e c i a l C o n n e c t i o n 1 2 i n . EA 1 4, 0 0 0 . 0 0 $ 4, 0 0 0 . 0 0 $ $2 , 1 0 0 . 0 0 $2 , 1 0 0 . 0 0 $ 3 , 9 0 0 . 0 0 $3 , 9 0 0 . 0 0 $ 4 , 5 0 0 . 0 0 $4 , 5 0 0 . 0 0 $ 6 , 0 0 0 . 0 0 $6,000.00 $ 1 , 9 0 0 . 0 0 $1,900.00 $ 4 , 0 0 0 . 0 0 $4,000.00 B3 5 Sp e c i a l C o n n e c t i o n 8 i n a n d s m a l l e r EA 3 3, 0 0 0 . 0 0 $ 9, 0 0 0 . 0 0 $ $1 , 9 9 0 . 0 0 $5 , 9 7 0 . 0 0 $ 3 , 8 0 0 . 0 0 $ 1 1 , 4 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 1 , 4 5 0 . 0 0 $4,350.00 $ 3 , 5 0 0 . 0 0 $ 1 0 , 5 0 0 . 0 0 B3 6 Si t e R e s t o r a t i o n LS 1 6, 0 0 0 . 0 0 $ 6, 0 0 0 . 0 0 $ $5 , 0 0 0 . 0 0 $5 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 $3 , 5 0 0 . 0 0 $ 5 , 0 0 0 . 0 0 $5,000.00 $ 1 8 , 0 0 0 . 0 0 $ 1 8 , 0 0 0 . 0 0 $ 4 , 0 0 0 . 0 0 $4,000.00 B3 7 As - B u i l t s LS 1 1, 0 0 0 . 0 0 $ 1, 0 0 0 . 0 0 $ $3 , 0 0 0 . 0 0 $3 , 0 0 0 . 0 0 $ 4 0 0 . 0 0 $4 0 0 . 0 0 $ 7 5 0 . 0 0 $7 5 0 . 0 0 $ 5 , 0 0 0 . 0 0 $5,000.00 $ 6 3 0 . 0 0 $630.00 $ 1 , 0 0 0 . 0 0 $1,000.00 B3 8 8" D i a m e t e r W e t T a p ( P r e s s u r e C o n n e c t i o n ) t o 24 " M a i n LS 1 12 , 0 0 0 . 0 0 $ 12 , 0 0 0 . 0 0 $ $7 , 2 4 0 . 0 0 $7 , 2 4 0 . 0 0 $ 7 , 0 0 0 . 0 0 $7 , 0 0 0 . 0 0 $ 7 , 0 0 0 . 0 0 $7 , 0 0 0 . 0 0 $ 8 , 0 0 0 . 0 0 $8,000.00 $ 7 , 3 0 0 . 0 0 $7,300.00 $ 6 , 5 0 0 . 0 0 $6,500.00 B3 9 Mi n o r C h a n g e s ES T 1 7, 0 0 0 . 0 0 $ 7, 0 0 0 . 0 0 $ $7 , 0 0 0 . 0 0 $7 , 0 0 0 . 0 0 $7 , 0 0 0 . 0 0 $7,000.00 $7,000.00 $7,000.00 Su b t o t a l 3 2 7 , 6 6 7 . 5 9 $ Su b t o t a l $ 2 4 7 , 1 8 9 . 9 5 S u b t o t a l $ 2 6 9 , 1 6 3 . 7 5 S u b t o t a l $ 2 8 5 , 9 5 7 . 0 0 S u b t o t a l $ 3 3 4 , 6 5 8 . 0 0 S u b t o t a l $ 3 2 1 , 5 5 4 . 2 0 S u b t o t a l $ 3 4 2 , 2 5 7 . 5 0 *W S S T ( 9 . 5 % ) 3 1 , 1 2 8 . 4 2 $ *W S S T ( 9 . 5 % ) $ 2 3 , 4 8 3 . 0 5 * W S S T ( 9 . 5 % ) $ 2 5 , 5 7 0 . 5 6 * W S S T ( 9 . 5 % ) $ 2 7 , 1 6 5 . 9 2 * W S S T ( 9 . 5 % ) $ 3 1 , 7 9 2 . 5 1 * W S S T ( 9 . 5 % ) $ 3 0 , 5 4 7 . 6 5 * W S S T ( 9 . 5 % ) $ 3 2 , 5 1 4 . 4 6 To t a l 3 5 8 , 7 9 6 . 0 1 $ To t a l $ 2 7 0 , 6 7 3 . 0 0 To t a l $ 2 9 4 , 7 3 4 . 3 1 To t a l $ 3 1 3 , 1 2 2 . 9 2 Total $ 3 6 6 , 4 5 0 . 5 1 Total $ 3 5 2 , 1 0 1 . 8 5 Total $ 3 7 4 , 7 7 1 . 9 6 C o n t i n g e n c y - $ To t a l 3 5 8 , 7 9 6 . 0 1 $ $2 7 0 , 6 7 3 . 0 0 $2 9 4 , 7 3 4 . 3 1 $3 1 3 , 1 2 2 . 9 2 $366,450.51 $352,101.85 $374,771.96 TO T A L C O N T R A C T $9 3 3 , 6 6 8 . 6 7 $6 5 2 , 3 5 2 . 2 2 $7 1 0 , 9 5 2 . 8 4 $7 5 7 , 7 0 3 . 8 7 $844,263.62 $914,801.00 $915,688.28 6/ 6 / 2 0 1 2 S:\ENGR\Megan\Engineering Admin\PROJECTS\E1JE.2012 Waterline Project\Bid Tab 2012 Watermain.xls Pa c k e t Pa g e 10 6 of 15 9 Packet Page 107 of 159 AM-4886 2. G. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted For:Mike De Lilla Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Report on bids opened June 7, 2012 for the Talbot Road Storm Drain Improvements project and award of contract to Kamins Construction in the amount of $317,178.62. Recommendation Forward this item to the consent agenda for approval at the June 19, 2012 Council meeting. Previous Council Action On February 21, 2012 Council authorized Staff to call for bids for the Talbot Road Storm Drain Improvements project. Narrative On June 7, 2012, the City received six (6) bids for the Talbot Road Storm Drain Improvements Project. The bids ranged from a low of $317,178.62 to a high of $754,366.00. The bid tabulation summary is attached as Exhibit 1. Kamins submitted the apparent low bid of $317,178.62. The engineer’s estimate was $338,410. A review of the low bidder’s record is in progress and will be finalized prior to the committee meeting. The Talbot Road Storm Drain Improvement Project will upgrade portions of the City’s Storm Drain Pipe system by installing approximately 530 linear feet of 12 and 30-inch storm drain pipe and associated appurtenances near the 8200 block of Talbot Road. The Projects will focus on mitigating drainage issues around the construction area and help improve conveyance of stormwater flow. The total estimated project costs are being developed and will be provided to the committee for review. The 2012 available project budget is $598,000 and is being funded by the 412-200 Storm Fund. Attachments Exhibit 1 - Bid Tab Exhibit 2 - Site Map Form Review Inbox Reviewed By Date Engineering Robert English 06/07/2012 04:48 PM Public Works Phil Williams 06/08/2012 05:49 AM City Clerk Sandy Chase 06/08/2012 08:13 AM Mayor Dave Earling 06/08/2012 08:24 AM Finalize for Agenda Sandy Chase 06/08/2012 09:32 AM Form Started By: Megan Cruz Started On: 06/06/2012 03:29 PM Final Approval Date: 06/08/2012 Packet Page 108 of 159 Schedule A Engineer's Cost Opinion Kamins New West Development Westwater Construction ICI Kar-Vel Road Constr NW Item Qty Unit Description Spec Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price A1 1 LS Mobilization/Demob SP-9 50,000.00$ 50,000.00$ 40,550.40$ 40,550.40$ 28,000.00$ 28,000.00$ 35,000.00$ 35,000.00$ 40,000.00$ 40,000.00$ 60,000.00$ 60,000.00$ 100,000.00$ ########## A2 1 LS Shoring and Trench Safety SP-3 & SP-9 9,000.00$ 9,000.00$ 10,200.00$ 10,200.00$ 3,000.00$ 3,000.00$ 10,000.00$ 10,000.00$ 7,500.00$ 7,500.00$ 30,000.00$ 30,000.00$ 45,000.00$ 45,000.00$ A3 1 LS TESC SP-2 & SP-9 4,000.00$ 4,000.00$ 3,000.00$ 3,000.00$ 2,000.00$ 2,000.00$ 2,200.00$ 2,200.00$ 1,000.00$ 1,000.00$ 1,500.00$ 1,500.00$ 3,000.00$ 3,000.00$ A4 409 LF Silt Fence WSDOT 8- 01.3(9)A 5.00$ 2,045.00$ 4.80$ 1,963.20$ 5.00$ 2,045.00$ 5.00$ 2,045.00$ 3.00$ 1,227.00$ 3.00$ 1,227.00$ 9.00$ 3,681.00$ A5 4 EA Inlet Protection WSDOT 8- 01.3(9)D 100.00$ 400.00$ 54.00$ 216.00$ 85.00$ 340.00$ 50.00$ 200.00$ 100.00$ 400.00$ 60.00$ 240.00$ 90.00$ 360.00$ A6 1 LS Traffic Control SP-1 & SP-9 40,000.00$ 40,000.00$ 16,920.00$ 16,920.00$ 6,000.00$ 6,000.00$ 32,000.00$ 32,000.00$ 12,000.00$ 12,000.00$ 10,000.00$ 10,000.00$ 40,000.00$ 40,000.00$ A7 1 LS Surveying, Staking & Referencing SP-3, SP-10 15,000.00$ 15,000.00$ 3,000.00$ 3,000.00$ 2,500.00$ 2,500.00$ 1,000.00$ 1,000.00$ 7,000.00$ 7,000.00$ 10,000.00$ 10,000.00$ 7,000.00$ 7,000.00$ A8 510 LF Imported Backfill Material SP-10 12.00$ 6,120.00$ 162.21$ 82,727.10$ 10.00$ 5,100.00$ 30.00$ 15,300.00$ 55.00$ 28,050.00$ 0.25$ 127.50$ 45.00$ 22,950.00$ A9 200 CY Imported Foundation Base Material SP-10 12.00$ 2,400.00$ 51.60$ 10,320.00$ 40.00$ 8,000.00$ 100.00$ 20,000.00$ 40.00$ 8,000.00$ 27.00$ 5,400.00$ 45.00$ 9,000.00$ A10 22 LF 12" Dia. DIP SD Pipe CL-52 SP-10 100.00$ 2,200.00$ 112.91$ 2,484.02$ 250.00$ 5,500.00$ 100.00$ 2,200.00$ 150.00$ 3,300.00$ 150.00$ 3,300.00$ 300.00$ 6,600.00$ A11 510 LF 30" Dia Profile Wall PVC SD Pipe SP-11 120.00$ 61,200.00$ 99.34$ 50,663.40$ 310.00$ ##########285.00$ ##########330.00$ #########470.00$ ##########350.00$ ########## A12 115 LF Temporary Trench Patch SP-11 5.00$ 575.00$ 22.43$ 2,579.45$ 20.00$ 2,300.00$ 20.00$ 2,300.00$ 30.00$ 3,450.00$ 8.00$ 920.00$ 125.00$ 14,375.00$ A13 115 LF Crushed Surfacing Base Course SP-11 18.00$ 2,070.00$ 39.39$ 4,529.85$ 18.00$ 2,070.00$ 20.00$ 2,300.00$ 30.00$ 3,450.00$ 2.00$ 230.00$ 45.00$ 5,175.00$ A14 115 LF HMA CL 1/2" PG 58-22, trench patch 4-inch depth SP-5, SP-11 160.00$ 18,400.00$ 66.00$ 7,590.00$ 60.00$ 6,900.00$ 80.00$ 9,200.00$ 100.00$ 11,500.00$ 62.00$ 7,130.00$ 175.00$ 20,125.00$ A15 1 LS Site Restoration SP-4, SP-12 15,000.00$ 15,000.00$ 4,704.00$ 4,704.00$ 3,000.00$ 3,000.00$ 20,000.00$ 20,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 20,000.00$ 20,000.00$ A16 1 LS As-Builts SP-6, SP-12 2,000.00$ 2,000.00$ 1,200.00$ 1,200.00$ 500.00$ 500.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 300.00$ 300.00$ 2,000.00$ 2,000.00$ A17 1 EST Minor Changes SP-12 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ A18 1 EA MH 60" Diamater Type 3 Less Than 6' deep SP-12 3,000.00$ 3,000.00$ 2,920.80$ 2,920.80$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ 9,000.00$ 9,000.00$ A19 1 EA MH 60" Diamater Type 3 6' to Less Than 12' deep SP-12 5,000.00$ 5,000.00$ 3,409.20$ 3,409.20$ 4,500.00$ 4,500.00$ 3,000.00$ 3,000.00$ 7,500.00$ 7,500.00$ 6,000.00$ 6,000.00$ 17,000.00$ 17,000.00$ A20 1 EA MH 60" Diamater Type 3 12' to Less Than 18' deep SP-12 8,000.00$ 8,000.00$ 3,676.80$ 3,676.80$ 6,000.00$ 6,000.00$ 6,000.00$ 6,000.00$ 12,000.00$ 12,000.00$ 17,000.00$ 17,000.00$ 27,000.00$ 27,000.00$ A21 2 EA MH 60" Diamater Type 3 18' to Less Than 24' deep SP-12 12,000.00$ 24,000.00$ 6,873.60$ 13,747.20$ 10,000.00$ 20,000.00$ 6,000.00$ 12,000.00$ 20,000.00$ 40,000.00$ 20,000.00$ 40,000.00$ 45,000.00$ 90,000.00$ A22 1 EA CB Type 2 60" Dia SP-12 3,000.00$ 3,000.00$ 3,316.80$ 3,316.80$ 2,600.00$ 2,600.00$ 3,000.00$ 3,000.00$ 4,000.00$ 4,000.00$ 6,000.00$ 6,000.00$ 11,000.00$ 11,000.00$ A23 1 EA CB Type 2 60" Dia with Tide Gate SP-13 20,000.00$ 20,000.00$ 10,064.40$ 10,064.40$ 10,000.00$ 10,000.00$ 12,500.00$ 12,500.00$ 20,000.00$ 20,000.00$ 16,000.00$ 16,000.00$ 15,000.00$ 15,000.00$ A24 1 EA 12" Connection to Exist Drainage Struct WSDOT 7- 05.3(3), SP-13 1,000.00$ 1,000.00$ 600.00$ 600.00$ 1,500.00$ 1,500.00$ 500.00$ 500.00$ 1,000.00$ 1,000.00$ 1,800.00$ 1,800.00$ 10,000.00$ 10,000.00$ A25 1 EA 30" Connection to Exist Drainage Struct WSDOT 7- 05.3(3), SP-13 10,000.00$ 10,000.00$ 900.00$ 900.00$ 3,500.00$ 3,500.00$ 1,000.00$ 1,000.00$ 8,000.00$ 8,000.00$ 4,000.00$ 4,000.00$ 20,000.00$ 20,000.00$ A26 2 EA Plug Existing Pipe in Exist Drainage Struct WSDOT 7- 08.3(4), SP-13 500.00$ 1,000.00$ 600.00$ 1,200.00$ 300.00$ 600.00$ 500.00$ 1,000.00$ 500.00$ 1,000.00$ 1,400.00$ 2,800.00$ 4,500.00$ 9,000.00$ A27 3 EA Relocation of Existing Water Service Pipe SP-14 1,000.00$ 3,000.00$ 1,200.00$ 3,600.00$ 500.00$ 1,500.00$ 1,000.00$ 3,000.00$ 1,250.00$ 3,750.00$ 500.00$ 1,500.00$ 1,000.00$ 3,000.00$ A28 3 EA Relocation of Existing Sewer Service Pipe SP-14 1,000.00$ 3,000.00$ 1,440.00$ 4,320.00$ 1,000.00$ 3,000.00$ 1,500.00$ 4,500.00$ 1,250.00$ 3,750.00$ 500.00$ 1,500.00$ 10,000.00$ 30,000.00$ A29 60 LF Asphalt Roll Curb SP-14 5.00$ 300.00$ 3.60$ 216.00$ 15.00$ 900.00$ 20.00$ 1,200.00$ 15.00$ 900.00$ 8.00$ 480.00$ 55.00$ 3,300.00$ A30 60 SF Asphalt Sidewalk SP-14 20.00$ 1,200.00$ 6.00$ 360.00$ 8.00$ 480.00$ 25.00$ 1,500.00$ 15.00$ 900.00$ 16.00$ 960.00$ 55.00$ 3,300.00$ A31 10 CY Controlled Density Fill SP-14, WSDOT 2- 09.3(1)E 50.00$ 500.00$ 120.00$ 1,200.00$ 125.00$ 1,250.00$ 125.00$ 1,250.00$ 110.00$ 1,100.00$ 90.00$ 900.00$ 400.00$ 4,000.00$ A32 1 FA Dewatering SP-7, SP-14, WSDOT 1-09.6 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ 20,000.00$ Subtotal 338,410.00$ Subtotal ##########Subtotal ##########Subtotal ##########Subtotal #########Subtotal ##########Subtotal ########## 9.5% Tax N/A 9.5% Tax N/A 9.5% Tax N/A 9.5% Tax N/A 9.5% Tax N/A 9.5% Tax N/A 9.5% Tax N/A Total Contract 338,410.00$ Total Contract ##########Total Contract ##########Total Contract ##########Total Contract #########Total Contract ##########Total Contract ########## 7-Jun-12 CITY OF EDMONDS TALBOT ROAD STORM DRAINAGE E9FB / c307 BID TAB Packet Page 109 of 159 Packet Page 110 of 159 AM-4888 2. H. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted For:Bertrand Hauss Submitted By:Megan Cruz Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Ordinance amending the Edmonds City Code (ECC) 8.64.065 Parking Provisions on Sunset Avenue. Recommendation Forward the item to the consent agenda for approval at the June 19, 2012 Council meeting. Previous Council Action None. Narrative The Downtown Parking Committee composed of City Council, the Police Department, the Engineering Division and Edmonds Citizens reviews requests and makes recommendations on parking changes. Last year, a driveway was added in front of 111 Sunset Avenue, to allow garbage trucks to access the property garbage dumpster. Given that this stretch of Sunset has a high parking demand, a parking stall was added in front of this driveway. Seeing as the access is needed on a very limited basis, parking should be allowed during most hours of the day with 3-hour restrictions and no parking allowed during garbage truck pick-up hours (Saturday mornings). A parking sign with the specific parking limitations was added shortly after the stall was added. However, the parking limitations currently aren’t enforceable since it is not identified in Section 8.64.065 of the Edmonds City Code (ECC). The proposed ordinance would change this section of the ECC to correct the problem. The ordinance has been reviewed and approved by the City attorney’s office. The Downtown Parking Committee recommends the following ECC revision (underlined in the table below): 8.64.065 Schedule VI-A – Parking time limited for certain periods of time on certain streets. In accordance with ECC 8.48.155 and when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle for a period of time longer than the number of hours set forth below, or between the hours set forth below: Name of Street or Road Hours – Stopped, Standing or Parking Prohibited 10. Signed parking stall at 111 Sunset Ave. Three-hour parking from midnight to 6:00 p.m. except Sundays and holidays. No parking 2:00 a.m. to 8:00 a.m. on Saturdays. Attachments Attachment 1 - Proposed Ordinance Form Review Packet Page 111 of 159 Inbox Reviewed By Date Engineering Robert English 06/06/2012 05:40 PM Public Works Phil Williams 06/07/2012 03:50 PM City Clerk Sandy Chase 06/07/2012 03:53 PM Mayor Dave Earling 06/07/2012 03:57 PM Finalize for Agenda Sandy Chase 06/07/2012 03:57 PM Form Started By: Megan Cruz Started On: 06/06/2012 03:46 PM Final Approval Date: 06/07/2012 Packet Page 112 of 159 - 1 - ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 8.64.065 BY ADDING PARKING LIMITATION TO THE NEW PARKING STALL IN FRONT OF 111 SUNSET AVENUE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, high parking demand exists along the southern end of Sunset Avenue due to the many residences, commercial businesses on Main Street, and the scenic views along Sunset Avenue; WHEREAS, a parking stall was recently added in front of a new driveway in front of 111 Sunset Avenue in Edmonds, to provide access for garbage trucks to the property garbage dumpster; WHEREAS, access to the driveway is only needed for a short time period on Saturday mornings for garbage pick-up; WHEREAS, the Edmonds City Code does not include a provision regarding parking limitations for this new stall to allow the Edmonds Police Department to enforce parking limitation; and WHEREAS, upon the recommendation of the Downtown Parking Committee, the City Council finds that parking limitation for this stall should be added to the Edmonds City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.64.065 of the ECC Schedule VI-A - Parking time limited for certain periods of time on certain streets is hereby amended to read as follows (new language Packet Page 113 of 159 - 2 - is underlined): 8.64.065 Schedule VI-A – Parking time limited for certain periods of time on certain streets. In accordance with ECC 8.48.155 and when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle for a period of time longer than the number of hours set forth below, or between the hours set forth below: Name of Street or Road Hours – Stopped, Standing or Parking Prohibited 1. Sunset Beach access way and Sunset Beach Park. Four hours maximum at any one time. 2. West side of Sunset Avenue from Edmonds Street to Caspers Street. Four-hour parking 8:00 a.m. to 10:00 p.m. No parking from 10:00 p.m. to 8:00 a.m.; provided, however, the city council may adjust the four-hour parking time and the no parking time set forth in this subsection by appropriate motion and upon erection of appropriate signs. 3. West side of Admiral Way from Dayton Street to a point 260 feet southerly. Two-hour parking from 6:00 p.m. on Friday to midnight on Sunday, and from 6:00 p.m. on those days immediately preceding public holidays to midnight on said public holidays. 4. Both sides of the portion of 75th Place West, north of North Meadowdale Road. Four-hour parking, 8:00 a.m. to 10:00 p.m. No parking from 10:00 p.m. to 8:00 a.m. Packet Page 114 of 159 - 3 - 5. Five parking spaces designated by city engineer and located at the terminus and southerly end of Ocean Avenue. Two hours maximum between the hours of 8:00 a.m. and dusk.* No parking between dusk and 8:00 a.m. 6. Both sides of Admiral Way from its intersection with Dayton Street and south thereof to the end of the public right- of-way (approximately 2,300 feet). Three hours maximum at any one time. 7. Bracket’s Landing parking lot. Four hours maximum at any one time. 8. Signed parking stalls at City Hall, Public Safety, and City Park parking lots. No use except for electric or plug-in hybrid vehicles for three hours maximum while charging. 9. Signed parking stalls at 6th Avenue at the Main Street intersection. Thirty-minute limit for any use other than electric or plug-in hybrid vehicles. Electric or plug-in hybrid vehicles for three hours maximum while charging. 10. Signed parking stall in front of 111 Sunset Avenue. Three-hour parking from midnight to 6:00 p.m. except Sundays and holidays. No parking 2:00 a.m. to 8:00 a.m. on Saturdays. * Dusk is hereby defined as commencing 30 minutes following sunset. Section 2. Severability. If any section, sentence, clause or phrase of this Packet Page 115 of 159 - 4 - ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. SUMMARY OF ORDINANCE NO. __________ Packet Page 116 of 159 - 5 - of the City of Edmonds, Washington On the ____ day of ___________, 2012, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 8.64.065 BY ADDING PARKING LIMITATION TO THE NEW PARKING STALL IN FRONT OF 111 SUNSET AVENUE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2012. CITY CLERK, SANDRA S. CHASE Packet Page 117 of 159 AM-4889 2. I. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted For:Rob English Submitted By:Robert English Department:Engineering Committee: Planning, Parks, Public Works Type: Action Information Subject Title Authorization for Mayor to sign Addendum No. 2 to the Professional Services Agreement with CHS Engineers, LLC. Recommendation Forward the item to the consent agenda for approval at the June 19, 2012 City Council meeting. Previous Council Action On November 3, 2008, Council authorized Staff to advertise a Request for Qualifications (RFQ) for design services for the Sewer Lift Stations Rehabilitation Project. On July 21, 2009 Council authorized the Mayor to sign a professional services agreement with CHS Engineers, LLC for design services for the Sewer Lift Stations Rehabilitation Project. On November 7, 2011, the CS/DS committee reviewed Addendum No. 1 and recommended it be placed on the Council agenda for review and approval. On November 15, 2011, Council approved Addendum No. 1. Narrative The 2006 Sanitary Sewer Comprehensive Plan identified the need to refurbish and upgrade nine existing sewer lift (pump) stations constructed in the 1960's and 1970's as part of the City’s 6-year Capital Improvement Program. The existing mechanical and electrical equipment that operate these stations are obsolete and need to be replaced to prevent pump failures, reduce the risk of sewage overflows and reduce maintenance costs. The piping and ventilation will also be upgraded to improve the operation of the lift stations. The design work included the following elements: 1) Electrical; 2) System Analysis and Sizing; 3) Mechanical; 4) Ventilation; and 5) Operations and Maintenance. This amendment provides additional design for lift stations 4, 5 and 14 and increases the budget for construction management services during construction. The following outlines the additional design services at each station. 1. Lift Station 4 - Revise final design to locate electrical equipment within limits of permanent sewer easement after easement was obtained from property owner. 2. Lift Station 5 - Revise final design to provide new dedicated power and water services to the Station. 3. Lift Station 14 - Revise final design to suit final easement configuration following settlement negotiations with property owner. The amendment also includes a management reserve of $35,600 during the construction phase to provide additional support services if required. The amount of services provided by the consultant during construction is subject to staff availability and other projects being managed by staff over the next year. The construction duration is expected to be 12-15 months and will depend on the contractor's schedule and weather delays. The cost of Addendum No. 2 is $83,500 and includes the $35,600 management reserve. The project costs are being funded by the 412-300 Sewer Utility Fund. Packet Page 118 of 159 Attachments Attachment 1-Addendum No. 2 Form Review Inbox Reviewed By Date Engineering Robert English 06/07/2012 05:53 PM Public Works Phil Williams 06/08/2012 05:49 AM City Clerk Sandy Chase 06/08/2012 08:13 AM Mayor Dave Earling 06/08/2012 08:28 AM Finalize for Agenda Sandy Chase 06/08/2012 09:32 AM Form Started By: Robert English Started On: 06/06/2012 05:44 PM Final Approval Date: 06/08/2012 Packet Page 119 of 159 P a c k e t P a g e 1 2 0 o f 1 5 9 P a c k e t P a g e 1 2 1 o f 1 5 9 P a c k e t P a g e 1 2 2 o f 1 5 9 P a c k e t P a g e 1 2 3 o f 1 5 9 P a c k e t P a g e 1 2 4 o f 1 5 9 P a c k e t P a g e 1 2 5 o f 1 5 9 AM-4837 3. A. City Council Committee Meetings Meeting Date:06/12/2012 Time:5 Minutes Submitted By:Gerry Gannon Department:Police Department Committee: Public Safety, Personnel Type: Action Information Subject Title Snohomish Regional Drug & Gang Task Force, 2012-2013 Interlocal Agreement. Recommendation Approve the ILA with Snohomish County. Previous Council Action None Narrative Since January 1988, the City of Edmonds and other Snohomish County cities have been participants in the Snohomish Regional Drug & Gang Task Force (SRDGTF) with offices in Everett. Edmonds was one of the original participants, contributing a detective and equipment to the unit. In more recent years, Edmonds, Lynnwood, and Mountlake Terrace established the South Snohomish County Narcotics Task Force (SSCNTF). Since the creation of the SSCNTF, Edmonds, Lynnwood, and Mountlake Terrace have chosen to continue their support of the SRDGTF through financial contribution alone. Edmonds presently has a detective assigned to the SSCNTF. The SRDGTF receives the majority of its funding through a U.S. Department of Justice grant. The grant amount is based on the number and population of municipalities that participate in the SRDGTF. The required matching funds for the federal grant come from Snohomish County and the participating municipalities. For fiscal year 2012-2013, twenty municipalities, DSHS Child Protective Services, WSP, and Snohomish County, are pledging matching funds to the SRDGTF. Edmonds’ share for July 1, 2012 through June 30, 2013 is $9,939, a decrease of $59, over last year’s share. Funding for this item is included in the 2012 Edmonds Police budget. The interlocal agreement and the funding received from participating entities, sets forth the operational framework for the SRDGTF, and has done so since 1988. The SRDGTF and SSCNTF work very closely and assist each other with staffing and equipment, as needed. For example, should we encounter a drug lab locally the SRDGTF can be called out to dismantle the lab. This assistance can save us literally thousands of dollars in overtime, training, and equipment expense. A more frequent area of cooperation and assistance occurs with investigations where the two task forces may assist each other with investigations involving mutual suspects. We request that the Council approve this matter authorizing the Mayor to sign the FY 2012-2013 interlocal agreement with SRDGTF. The ILA has been approved by the City Attorney as to form. Attachments SRDGTF Form Review Packet Page 126 of 159 Inbox Reviewed By Date City Clerk Sandy Chase 06/05/2012 01:25 PM Mayor Dave Earling 06/07/2012 10:54 AM Finalize for Agenda Sandy Chase 06/07/2012 11:16 AM Form Started By: Gerry Gannon Started On: 05/11/2012 08:21 AM Final Approval Date: 06/07/2012 Packet Page 127 of 159 Packet Page 128 of 159 Packet Page 129 of 159 Packet Page 130 of 159 Packet Page 131 of 159 Packet Page 132 of 159 Packet Page 133 of 159 Packet Page 134 of 159 Packet Page 135 of 159 Packet Page 136 of 159 Packet Page 137 of 159 Packet Page 138 of 159 Packet Page 139 of 159 Packet Page 140 of 159 Packet Page 141 of 159 Packet Page 142 of 159 Packet Page 143 of 159 Packet Page 144 of 159 Packet Page 145 of 159 Packet Page 146 of 159 Packet Page 147 of 159 Packet Page 148 of 159 AM-4892 3. B. City Council Committee Meetings Meeting Date:06/12/2012 Time:30 Minutes Submitted For:Councilwoman Bloom Submitted By:Jana Spellman Department:City Council Review Committee: Public Safety/Personnel Committee Action: Type: Information Information Subject Title Discussion regarding taking minutes/notes during executive sessions. Recommendation Previous Council Action This topic was discussed during the 2012 City Council Retreat. An excerpt of those meeting minutes on this topic is attached. It was discussed again at the March 20, 2012 Council Meeting. An excerpt of those meeting minutes on this topic is attached. Narrative The purpose of the discussion on March 20, 2012 was to determine if there are changes that are desired with regard to City Council Resolution No. 853 which established the procedure for keeping and retaining minutes of City Council executive sessions. A copy of the Resolution is attached. This has been placed on tonight's agenda for further discussion. Attachments 2012 Council Retreat Minutes 3-20-12 Approved Council Minutes Resolution No. 853 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 06/07/2012 11:16 AM Mayor Dave Earling 06/07/2012 03:50 PM Finalize for Agenda Sandy Chase 06/07/2012 03:57 PM Form Started By: Jana Spellman Started On: 06/07/2012 09:31 AM Final Approval Date: 06/07/2012 Packet Page 149 of 159 Edmonds City Council Retreat Approved Minutes February 2-3, 2012 Page 1 EDMONDS CITY COUNCIL RETREAT APPROVED MINUTES February 2-3, 2012 The Edmonds City Council retreat was called to order at 10:04 a.m. on Thursday, February 2, 2012 in the Brackett Meeting Room, City Hall, 121 5th Avenue North, Edmonds, Washington. ELECTED OFFICIALS PRESENT Thursday, February 2 Dave Earling, Mayor Strom Peterson, Council President Frank Yamamoto, Councilmember Joan Bloom, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember PUBLIC PRESENT Thursday, February 2 Bruce Witenberg Darrol Haug Ron Wambolt Harry Gatjens Al Rutledge Roger Hertrich Evan Pierce Ken Reidy Bruce Faires Jim Orvis STAFF PRESENT Thursday, February 2 Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Shawn Hunstock, Finance Director Carrie Hite, Parks & Recreation Director/Interim Human Resources Director Rob Chave, Planning Manager Carl Nelson, CIO Jerry Shuster, Stormwater Eng. Program Mgr. Leonard Yarberry, Building Official Rob English, City Engineer Mike DeLilla, Senior Utilities Engineer Tod Moles, Street Operations Manager Mary Ann Hardie, Human Resources Manager Cindi Cruz, Executive Assistant Kody McConnell, Executive Assistant Carolyn LaFave, Executive Assistant Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder THURSDAY, FEBRUARY 2, 2012 – CALL TO ORDER Council President Peterson called the meeting to order at 10:04 a.m. • Introduction/Brief Preview of Retreat Agenda Council President Peterson explained in preparation for the retreat he asked the Council, Mayor and staff to identify issues important for 2012. Most of the issues were included on the retreat agenda; some will be on future Council agendas throughout the year. Mike Bailey, Redmond’s Finance Director, is ill and unable to make the presentation regarding budgeting by priorities. Finance Director Shawn Hunstock will introduce the topic today. Mr. Bailey will be invited to provide a workshop to the Council in the next few weeks to explore the concept in detail. Packet Page 150 of 159 Edmonds City Council Retreat Draft Minutes February 2-3, 2010 Page 2 Council President Peterson explained because this is a relatively young City Council with the majority of Councilmembers in their first term, roles and responsibilities of the Council was a topic that many identified. A consultant recommended by AWC will make a presentation tomorrow to review the relationship between City Council and Mayor in a strong Mayor/Council form of government. Council President Peterson briefly reviewed other topics on the retreat agenda. Councilmembers and staff introduced themselves. Audience Comments Darrol Haug, Edmonds, thanked the Council for their efforts. This is the third retreat he has attended and he enjoys the open, candid dialogue that occurs at retreats that does not happen at City Council meetings. Today is Groundhog Day; in this case the shadow looming is the budget issue. Because 2012 is not an election year, he suggested it would be a good time for the Council to continue the spirit of the retreat and establish a policy to solve the budget gap. Budgeting by priorities was studied by the levy committee and he urged the Council to consider that concept as a way to help the City. He looked forward to a concerted effort to identify policies early in the process and was hopeful the shadow of the budget gap would not be quite as looming next year. Al Rutledge, Edmonds, acknowledged the City did its best during the snow. He reported there was no mail delivery on SR 104/205th or on 76th for four days due to snow which could have been a problem for someone expecting medical supplies via mail. On the fifth day of the snow, a car hit a pole causing a power outage in the Lake Ballinger area. He suggested the situation be reviewed by the Police Chief. Next, he suggested the Council discuss the sale of Robin Hood Lanes and hold a public hearing. Council President Peterson referred to an email from Ken Reidy, Edmonds, regarding executive sessions. Mr. Reidy’s email cited the preamble to the Washington State Open Public Meetings Act (OPMA) which states in part, the people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. In Mr. Reidy’s opinion, state law requires the eventual release of executive session meeting minutes to the citizens such as after real estate has been purchased, after publically bid contracts are finalized or after pending litigation has been settled and/or all appeal rights related to the litigation have been exhausted. He supported the keeping of detailed minutes of all executive sessions and offered to work with elected officials to clearly establish the point in time that executive session meeting minutes will be made available to the citizens. Discussion about Executive Sessions and the Consequences of Minutes/Notes Council President Peterson explained there has been some question about what other cities in Washington do/not do with regard to executive session minutes/notes, when those minutes/notes are made available to public, pros and cons regarding attorney/client privilege and the concept of executive sessions. City Attorney Jeff Taraday provided the following introductory comments: first, there is a clear distinction between notes and minutes. Minutes may begin as notes but become minutes when the City Council has an opportunity to review and vote to approve their accuracy and in some cases make revisions which may include reviewing the audio of the meeting. Currently in executive session the City Clerk takes notes but those notes are never reviewed/approved by the City Council so they do not have the status of minutes. Second, Mr. Taraday was not aware of any other city in Washington that keeps notes of executive session. Municipal Research Service Center (MRSC) recommends against that practice. Edmonds began keeping notes of executive sessions in 1996 when Resolution 853 was adopted. Mr. Taraday read Resolution 853, Establishing a Procedure for Keeping and Retaining Minutes of City Council Executive Sessions. Packet Page 151 of 159 Edmonds City Council Retreat Draft Minutes February 2-3, 2010 Page 3 Mr. Taraday pointed out that although the resolution uses the term “minutes,” he does not consider the Council’s practice to be generating minutes. To the extent the Council deems that there is a public interest for making a record of what takes place in executive session, that record should be as accurate as possible. If there is a desire for a record, there should be an audio recording of executive sessions. Alternatively, the Council goes into executive session for a reason; the reason is stated before the Council goes into executive session and it is an executive session because it is a discussion that should not be public and no record should be made. Mr. Taraday recommended the Council either make a full record or make no record; to do what the Council is doing now is potentially misleading in that it is not possible to take down on paper everything that takes place in executive session. The Council raised the following suggestions/questions/topics (City Attorney’s response in italics): • As an alternative to recording, keep notes of executive sessions and the Council review the notes and possibly in the future call them minutes. The resolution seems to state the Council wants to ensure there is a record stating the Council was in executive session for the right reason. There is no way to know that an accurate record exists unless there is a recording to back up the notes. The Council also needs to vote to approve minutes; the Council cannot vote in executive session. The Council could review the minutes privately and then vote in open session to approve them. If there is an interest in a fully accurate record of what takes place in executive session, the only way to ensure that is to record it. • Why not record executive sessions? The City has always asserted that if the executive session is for the purpose of discussing pending/potential litigation and the City Attorney is present, the notes taken during executive session are attorney/client privilege protected and therefore are not subject to public disclosure. However, there is no case law and there is no guarantee the court would rule that way. Therefore in the absence of a more clear statute about note taking/minute taking/recording of executive sessions, there is some risk that a court could rule that whatever record was made should be made public. He would, of course, vehemently object to that effort and would argue that any record of a discussion regarding pending/potential litigation should be treated as attorney work product or attorney/client privilege and not subject to public disclosure. • What topics are permissible for Executive Session and why don’t other cities take notes? The reason other cities do not take notes is out of concern that the record cannot be protected from public disclosure. Mr. Taraday reviewed the permissible bases for executive sessions contained in RCW 42.30.1101(1). • The Council could continue its current practice but revise the resolution to conform to the current practice. If the current practice is continued, Councilmembers have some protection because they do not review or approve the notes taken of executive sessions. Mr. Taraday did not recommend continuing the current practice because if the goal is an accurate, complete record, it should be a record that can be verified later. • There are some issues on the list of bases for an executive session that should not have any record kept; the philosophy behind an executive session is to have an open discussion about sensitive issues such as personnel, potential litigation, and those should never be revealed to the public. The Council could record discussions regarding real estate matters; the Council could review and approve minutes in open session and possibly release them in the future. The Council would not record or take notes of all other executive session topics. The City Council could establish a policy to record certain types of executive sessions. With regard to the approval of minutes, there is no exemption from the OPMA for approval of executive session minutes; the City Council cannot go into executive session to discuss a change to executive session minutes. MRSC recommends that minutes not be kept of executive sessions because a public records request could be made for the minutes and there is no automatic exemption from disclosure that applies. • RCW 42.30.010 cited by Mr. Reidy states that the people of the state do not yield their sovereignty to the agencies which serve them. The Council should take full and complete minutes and record executive sessions and determine what can/cannot be revealed in the future. The risk of that approach is the Packet Page 152 of 159 Edmonds City Council Retreat Draft Minutes February 2-3, 2010 Page 4 executive session list of topics does not clearly say that a record of the executive session is not disclosable under the Public Records Act. • Why does Edmonds keep notes of executive sessions? MRSC recommends notes not be kept and most cities do not. There is no legal need to takes notes to comply with state law; it is up to the Council whether to preserve a record of executive sessions. It can be helpful in the future to check on topics the Council has discussed in the past. • Executive sessions give the Council an opportunity to have an open dialogue with staff. The philosophy of executive sessions is to have a frank dialogue, a recording would minimize that. • There may be short term reasons not to disclose executive session notes but not in the long term. If Councilmembers know what they say could eventually be disclosed, they may be more thoughtful in their questions and discussion. All executive session conversations should be disclosed in the future. The public has a right to know the information unless it is confidential and private. • Need to determine why other cities are not taking notes of executive sessions. The reason other cities do not take notes is clear in the statement on MRSC’s website; there is no automatic exemption from disclosure. There is the possibility even in the short term that a court could require disclosure of a record the City Council thought would not be disclosed. A potential option would be to have the City Attorney take notes. His notes would be easier to protect as they are an attorney work product. • It would be unpractical to have discussion in executive session if Councilmembers have to think about what could be released. Recording or taking minutes for only some topics would also be difficult. There is the potential for a lawsuit with regard to any executive session topic and the Council has the fiduciary responsibility to limit/reduce lawsuits. Prefer no minutes be kept of executive sessions. It was the consensus of the Council to clarify, revise, rewrite the resolution. Council President Peterson will schedule it for consideration by the full Council during the first half of the year and take public comment. He asked Councilmembers to provide him their suggestions. Budgeting by Priorities Presentation (working lunch) Community Services/Economic Development Director Clifton explained one of the topics at an Association of Washington Cities budget workshop was budgeting by priorities/budgeting for outcomes. Councilmember Buckshnis, Citizen Darrol Haug and he and a few others then met with Redmond Finance Director Mike Bailey who reinforced their interest in the concept and determining whether it would be an appropriate budgeting process for Edmonds. Mr. Bailey, who is ill today, will be invited to conduct a workshop with the Council in the future to describe what it was like for Redmond to implement budgeting by priorities, and how it was received by the directors, elected officials and citizens. Mr. Hunstock explained Redmond spent 1-2 years and $160,000 on consultants to put a budgeting by priorities process in place. He referred to a handout from the Government Finance Officers Association regarding a priority-driven budget process that is similar to budgeting by priorities. He provided an overview of budgeting for outcomes: 1. Determine the “price of government” (total resources) 2. Determine priorities a) Example: one of Redmond’s priorities was a safe place to work, play and live 3. Assign a portion of the “price” to each priority 4. Determine best way to delivery results by priority a) Results Team develop strategies/RFOs b) Program staff submits “offer (attempt to address goal), may be multi-department offer c) Results teams rank/scale offers 5. Results budgeting is focused on strategies to accomplish priorities Packet Page 153 of 159 Edmonds City Council Approved Minutes March 20, 2012 Page 7 Association of Washington Cities and the District Municipal Court Judges Association are also working on this. Councilmember Buckshnis asked Judge Fair’s opinion about the recent Supreme Court decision to uphold the use of red light cameras. Judge Fair answered he was not surprised because the legislature gave that authority to the governing bodies in their enacting legislation. The dissenting opinion was that it was a moot point because it has been resolved by the City Councils. In reality it was a good issue to resolve because it has become a concern in many cities. 8. AUDIENCE COMMENTS There were no members of the public who wished to provide comment. 9. FLOWER BASKET DONATION PROGRAM Parks & Recreation Director Carrie Hite announced a new program, Adopt a Flower Basket. She thanked Councilmember Buckshnis for her assistance with launching the program and credited Jack Bevan for the idea. Ms. Hite distributed an Adopt a Flower Basket brochure. The program allows community members to donate $100 in support of each of the City’s flower baskets. Each basket will have a name tag stating who this basket was donated by or in memory of. Councilmember Buckshnis donated the first $100 in memory of her dog, Buddy. Ms. Hite also thanked Recreation Manager Renee McRae who worked closely with Councilmember Buckshnis on this program. 10. DISCUSSION REGARDING TAKING MINUTES/NOTES DURING EXECUTIVE SESSIONS. Council President Peterson explained this issue was discussed at the Council retreat. He explained there are limited reasons under RCW for the Council to meet in executive session. There is legislation under consideration regarding the recording of executive sessions and limiting what must be provided via a Public Records Request. City Attorney Jeff Taraday provided an overview of the issue. The Council adopted Resolution 853 in 1996 which is when the Council began taking notes during executive sessions. He emphasized the notes that are currently taken are notes, rather than minutes. The distinction is minutes are reviewed and approved at a subsequent meeting by the body conducting the meeting. While the notes taken of executive sessions are generally accurate, they do not have a review and approval process. That is significant because it does not provide an opportunity for a Councilmember to review them or request a change. Mr. Taraday explained he has been uncomfortable with the current practice because in his opinion if the Council records the meeting, it should be recorded completely with an audio recording so there would not be any question regarding what really happened. The Council could then discontinue the practice of note taking. He pointed out Edmonds is one of the few if not the only city in Washington who keeps notes of executive sessions. It is up to the Council to decide whether to continue or change the current practice. Council President Peterson commented his intent was to have a discussion; he did not foresee any action tonight other than scheduling it on a future meeting agenda for public comment/public hearing and potential action. Packet Page 154 of 159 Edmonds City Council Approved Minutes March 20, 2012 Page 8 Councilmember Bloom referred to SB 6109, recently passed by the Senate 39-9, exempting video and audio recordings of executive sessions. She recognized the bill had not yet been finalized. Mr. Taraday offered to research the progress of SB 6109 and comment later in the discussion. His understanding of SB 6109 was it may give Public Records Act protection from disclosure of executive session records. One of his concerns with taking notes is that although an argument can be made that the notes are attorney-client privileged or work product protected or both, there is not a clear exemption in the Public Records Act for executive session notes. Councilmember Buckshnis suggested amending Resolution 853 because the current practice creates notes, not minutes. Mr. Taraday agreed the Council either needed to change its practices to conform with the resolution or change the resolution to conform to the practice. Councilmember Buckshnis advised she was ready to do that tonight. Councilmember Bloom advised she was ready to begin recording executive sessions now. Mayor Earling pointed out Council President Peterson’s intent that this item was for discussion only. Council President Peterson commented his discomfort with note taking, minute taking or recording executive sessions was because an executive session was an opportunity for the Council and Mayor with the City Attorney and preferably not the City Clerk to have a free flow of ideas and discussion on a limited number of sensitive topics including litigation, personnel, and real estate. He understood citizens’ concerns that things might happen behind closed doors or that deals are being struck; the Council, Mayor and City Attorney keep each other in check should the discussion drift off topic. He recognized there is distrust in government, pointing out Washington was one of the first states to have a Public Records Act. The topics that can be discussed in executive session are not intended for the public and that is one of the reasons Councilmembers are elected. The ability for Councilmembers, Mayor and City Attorney to keep each other in check ensures the system works. Councilmember Bloom pointed out the RCWs address everything Council President Peterson said. The RCW identifies when the Council can have an executive session rather than a public meeting. The advantage of recording executive sessions is it would provide proof in the event of challenge. A judge would then review the recording and determine whether the Open Public Meetings Act was violated. It was her opinion that recording executive sessions would instill more trust. She concluded it was very important for the Council to “show our work.” Councilmember Buckshnis commented she was undecided about this issue but in light of the personnel issues that occurred last year, feels note taking is the appropriate way to proceed in the future as they provide a record. Audio recording may be problematic because some Councilmembers prefer to speak less professionally in an executive session; that candor would not be possible if executive sessions are recorded. She did not support recording executive sessions unless only notes could be taken for executive session regarding personnel matters. Councilmember Fraley-Monillas agreed recording executive sessions would reflect positively on Councilmembers for the purposes of openness and transparency. Conversely, she questioned why Edmonds is the only city currently taking notes. This may be a moot point depending on what the legislature does. Mr. Taraday explained SB 6109 has not yet passed the House. If it were signed into law it would exempt video and audio recordings of executive sessions from disclosure under the Public Records Act. If someone made a request for an audio recording of an executive session, under this exemption the City would not be required to provide it. Currently if someone requests notes of an executive session, a roundabout argument has to be made regarding why the notes should be exempt from disclosure. The bill would provide an exemption for audio recordings but not for notes. Packet Page 155 of 159 Edmonds City Council Approved Minutes March 20, 2012 Page 9 Councilmember Yamamoto commented for each executive session he has attended, Councilmembers know the topic in advance. The Council discusses only that topic and if anyone gets off track, another Councilmember, the Mayor or the City Attorney brings them in check. He appreciated the opportunity for Councilmembers to have a frank discussion; recording executive sessions could hamper that ability. He clarified the Council only has discussions in executive session and does not make decisions. Council President Peterson suggested the Council wait to see what the legislature does. There is currently no hard and fast laws regarding what can be exempted under the Public Records Act with regard to executive sessions. Until protection was provided, he was concerned that a Public Records Request could require release of sensitive information. If SB 6109 is not passed into law, the Council can consider amendments to the resolution. 11. CONTINUED DISCUSSION OF PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE SECTION 10.75.030(A)(2), EXTENSION OF ECONOMIC DEVELOPMENT COMMISSION SUNSET DATE, AND OTHER ITEMS RELATED TO THE ECONOMIC DEVELOPMENT COMMISSION Community Services/Economic Development Director Stephen Clifton explained the Council packet contains a draft ordinance and attachment which, if approved by the City Council, would amend ECC Chapter 10.75 regarding the Economic Development Commission (EDC). The Council discussed potential amendments on December 20, 2011, January 23, 2012 and March 6, 2012. During the March 6 meeting, the Council discussed four amendments: • Section 10.75.030(A)(2): insert language that the EDC would focus primarily on economic development related activities • Section 10.75.030(A): extension of the sunset date of the EDC approximately 4 years to December 31, 2015 • Section 10.75.010(B)(d): elected officials shall not be allowed to serve on the EDC but may serve as non-voting ex-officio members. This would also apply to elected Port Commissioners. • 10.750.030(C): staggering commission terms. Existing Commission members would be allowed to serve through the end of the year. Commissioners have indicated their interest in continuing to serve; approximately two-thirds expressed interest in remaining on the Commission. This will ensure some continuity and institutional memory on the EDC. Staff will advertise immediately to fill the remaining positions; terms filled this year would expire in 2014. Staff would re-advertise at the end of the year and either new Commissioners or existing Commissioners could be appointed. Appointments made in 2013 would expire at the end of 2015. Mr. Clifton explained another option related to staggering is to have terms expire at the end of the Councilmember’s term who appointed the Commissioner. City Attorney Jeff Taraday clarified in addition to the ordinance, the Council needs to provide direction regarding staggering of Commissioners’ terms. For Councilmember Buckshnis, Mr. Clifton explained approximately 5-6 Commissioners have stated they do not plan to continue serving on the EDC. Upon confirming existing members’ desire to continue serving on the Commission, staff will advertise to fill the vacant positions. As the former Council liaison on the EDC, Councilmember Buckshnis commented there are often less than a handful of Commissioner present at EDC meetings. She suggested each Councilmember have an opportunity to appoint at least one Commissioner. As Chair of the former EDC, Councilmember Yamamoto clarified there was always a quorum present at EDC meetings. Most Commissioners informed staff when they would be absent and the absences were for legitimate reasons. He agreed there were a couple Commissioners who did not attend meetings regularly or notify of their absence. He agreed with the proposal to stagger terms. Packet Page 156 of 159 Packet Page 157 of 159 Packet Page 158 of 159 Packet Page 159 of 159