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2007.07.10 CC Committee Meetings Agenda PacketAGENDA City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds July 10, 2007 6:00 p.m. 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 the following rooms: Community/Development Services (Council Chambers), Finance (Jury Room), Public Safety (Police Training Room) 1. Community/Development Services Committee A. AM-1078 Discussion regarding plug-in hybrid cars and charging stations. (15 Min) B. AM-1084 Consideration of request by a non-profit organization to waive ECDC 20.60.020, General Regulations for (20 Min) Permanent Signs, Subsection (E) — "No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color..." C. AM-1088 Discussion of Building Permit application timelines. (15 Min) 2• Finance Committee A. AM-1081 Judicial salary certification for State funding reimbursement. (10 Min) B. AM-1075 School Resource Officer Interlocal Agreement with Edmonds School District. (10 Min) 3. Public Safety Committee A. AM-1083 Discussion regarding graffiti. (20 Min) B. AM-1086 Judicial salary certification for State funding reimbursement. (10 Min) C. AM-1087 Request for a contract amendment from City Prosecutor. (15 Min) Packet Page 1 of 93 AM-1078 Plug-in Hybrid Cars and Charging Stations City Council Committee Meetings Date: 07/10/2007 Submitted By: Jana Spellman, City Council Submitted For: Councilmember Richard Marin Department: City Council Committee: Community/Development Services Information Subject Title Discussion regarding plug-in hybrid cars and charging stations. Time: 15 Minutes Type: Action Recommendation from Mayor and Staff To direct staff to bring back to the Council information on any and all costs associated with installing, equipping, locating, and maintenance of a hybrid plug-in charging station. Previous Council Action During the audience portion of the January 23, 2007 Council Meeting two speakers encouraged the Council to support plug-in hybrid cars. Councilmember Moore asked that this item be placed on the CS/DS Committee's agenda. - Exhibit 1 — Council Minutes-1/23/2007 — pgs. 6 & 9 relating to hybrid cars. During the 2007 Council Retreat, Mayor Haakenson raised the issue of creating a parking space for hybrid plug-in vehicles stating he would bring back information to the Council regarding this issue. — Exhibit 2 - — Council Minutes-3/23-24/2007 — pg. 3 relating to hybrid cars. Narrative Mayor Haakenson asked Don Kreiman, Chairman of the Citizens' Transportation Advisory Committee to provide resources for the Council to evaluate relating to plug-in hybrid vehicles. Mr. Kreiman then provided the Mayor with a list of organizations, people, and articles that were available on the internet for the Council to access. Mayor Haakenson forwarded this information to the Council. — Exhibit 3 — E-mail from Mayor Haakenson forwarding information to Council regarding hybrid plug-in vehicles. Exhibit 4: Documents submitted by Mr. Bernheim. Fiscal Impact Attachments Link: Exh 1 CM 1-23-07 Hybrids Link: Exh 2 CM 3-23-24-07 Hybrids Link: Exh 3 E-mail re Hybrids Link: Exh 4-Bernheim Documents 7-10-07 CM Packet Page 2 of 93 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/03/2007 11:02 AM APRV 2 Mayor Gary Haakenson 07/03/2007 11:11 AM APRV 3 Final Approval Sandy Chase 07/04/2007 01:25 PM APRV Form Started By: Jana Started On: 07/02/2007 09:38 Spellman AM Final Approval Date: 07/04/2007 Packet Page 3 of 93 hearing on a complaint to the Growth Management Hearings Board against Snohomish County. He questioned whether Mayor Haakenson planned to run for another term and asked when the term limits on the Mayor's position were eliminated. Mayor Haakenson asked City Attorney Scott Snyder to describe the process for eliminating the two term limit for Mayors in the City of Edmonds. Mr. Snyder recalled in 1997 or 1998 when Mayor Naughton was in office he requested a review of the term limit ordinance, it was determined the City's ordinance conflicted with the provisions of State statute which do not contain a term limitation and the State preempts all attempts to regulate the electoral process. Following the election the Council removed the term limitations. Plug-in Hybrid Steve Bernheim, Edmonds, encouraged the Council to support plug-in hybrid cars. He described a ars National Plug-in Hybrid Campaign, advising further information was available at pluginpartners.org. He also provided a proposed resolution supporting a campaign to encourage the development of gas optional/plug-in hybrid cars. He explained hybrid cars had an electrical motor that was charged via a gasoline engine; the gas motor could be turned off and the vehicle operated using only the electrical motor. Plug-in hybrid cars did not charge the battery with the gasoline engine, they were charged via an electrical plug-in. He noted plug-in hybrid cars had gasoline engines that could be utilized to extend the 20-40 mile range of the vehicle. For trips within the 20-40 mile range, only the electrical engine was needed. He enumerated the benefits of plug-in hybrid cars including less gas, less pollution, fewer greenhouse gases, and an important part of the national security effort to use fewer petrochemicals. He advised the electricity was obtained via 110 volt plug-in at home, the office or at charging stations on the street. He displayed a list of cities that support plug-in hybrid cars including Seattle and Wenatchee, noting Snohomish County was in favor of this effort. He noted the positive reputation Edmonds would obtain by supporting plug-in hybrid cars and installing charging stations. He noted Congressman Jay Inslee introduced a bill today to support plug-in hybrids. Plug-in Hybrid Steve Lough, President, Seattle Electric Vehicle Association, advised the cornerstones of their ars organization were to educate, demonstrate and proliferate. He expressed the Association's support for Mr. Bernheim's proposal, advising a 15-minute presentation was available via AM1090's website under Audio, Community Matters and his name. He explained an electric vehicle was five times more efficient than a gas engine. GM and Toyota were in a race to perfect the plug-in hybrid technology; the Chevrolet Volt concept car was the star of the recent Detroit Auto Show. The Volt, a plug-in hybrid, would run on lithium batteries for 30-40 miles; the gas/biodiesel/ethanol engine extends the range to 500 miles. He advised their organization partners with Plug-in Partners and built four plug-in hybrids with a 100 mile range by modifying Toyota Pries. He advised a recent study found 75-80% of automobiles in the United States could be electric. He urged the Council to consider Mr. Bernheim's proposal and become a Plug-in Partner. Councilmember Moore asked the cost to install a charging station. Mr. Lough offered to provide that information. Councilmember Dawson offered to provide information to the Council regarding Snohomish County's efforts. Ordinance Ray Martin, Edmonds, thanked the Council for delaying action on the ordinance regarding detaining etaming animals and allowing the public to provide input. His intent was to prevent further animal cruelty' nimals displaying photographs of his cat before and after it was trapped. He read from an email from a City official that indicated the ordinance did not allow cat trapping and his answer that cat trapping had only been renamed pet detention. He read from an email from Mr. Snyder that the current city ordinance did not prohibit a citizen from trapping a cat and that the proposal re -imposes a requirement that a detained animal be turned over to animal control within 12 hours. Mr. Martin disagreed, noting the ordinance only required the City be contacted within 12 hours with no required time for the City to respond. He requested the Council add language that protected the cat and its owner. He suggested the City consider regulations utilized by other cities such as Everett. Edmonds City Council Approved Minutes January 23, 2007 Page 6 Packet Page 4 of 93 Exhibit 1 wy. 99 Task I orce Councilmember Marin reported the Hwy. 99 Task Force was close to finalizing the traffic study and a presentation to the Council from the Traffic Engineer and the consultant that prepared the report was scheduled for February 27. It was hoped the Council would be interested in improvements on Hwy. 99 in the future, put them on the TIP, Comprehensive Plan and starting planning them. ublic Healtb Councilmember Marin reported public health had been underfunded for decades and many public health ;stricts districts were struggling. The legislature passed a resolution regarding funding and which he asked be drafted in the City's format for Council consideration. Parking Councilmember Plunkett reported the Parking Committee will be considering the City's fines for parking ommittee violations. Because the fines are considerably lower than other cities, they may not be a deterrent. istor,c Although he had hoped the Historic Preservation Commission could complete the draft historic design Preservation Commission standards for the BD1 by the end of January, he anticipated they would be completed and forwarded to the Planning Board by the end of February. Sound Transit Councilmember Dawson commended Councilmember Marin, Executive Reardon and Everett Councilmember Olson for their courageous vote to go against the rest of the Sound Transit Board and stand up for the rights of taxpayers in Snohomish County and support their taxes funding projects in Snohomish County. SnoCom and Councilmember Dawson reported SnoCom had been discussing interconnectivity between the SnoCom SnoPak J and SnoPak CAD systems. She noted there had been a great deal of push -back from the SnoPak Board due to the lack of understanding regarding the necessity of interconnectivity for user agencies particularly fire agencies for mutual aid and border agencies between SnoPak and SnoCom. She noted in her job she also serves on the SnoPak Board. The SnoPak Board voted recently to seek grant funding for the interconnect and to follow-through with the interconnect with the grant funding. She anticipated a better relationship between the SnoCom and SnoPak Board and projects that would benefit the County and the isability City. The next SnoCom Board meeting is later this week. She advised the Disability Board was meeting oard tomorrow at 8:30 a.m. earmg xammer Councilmember Orvis reported he would be participating in the Hearing Examiner interviews tomorrow. ort of Councilmember Wambolt reported on the January 8 Port of Edmonds meeting that included election of monds Marianne Burkhart as President and swearing in of new officers. The Port Commission also set the schedule for 2007 meetings and announced the Port was selected as the Marina of the Year in a national competition. 8. MAYOR'S COMMENTS Mayor Haakenson had no report. 9. COUNCIL COMMENTS rlug-inHybricq Councilmember Moore advised she requested plug-in hybrid be placed on the Community cars J Services/Development Services Committee agenda. She found it a great idea, depending on the cost. Next, she relayed information provided by Administrative Services Director Dan Clements regarding Hwy 99 / Sales where sales was generated in the City which found it was predominately from the car dealerships on Hwy. 99. She pointed out Hwy. 99 was critical to funding the future of the City. Edmonds City Council Approved Minutes January 23, 2007 Page 9 Packet Page 5 of 93 extensive backlog in City building maintenance projects. He suggested the Council consider, 1) a budget adjustment at end of year to replenish the fund, or 2) adding $100,000 from the sale of the property associated with Angler's Crossing to the fund. Mayor Haakenson distributed a summary of the work to date by the Citizens Committee on U.S. Mayors Climate Protection Agreement. Public Works Director Noel Miller and he commented on current City practices to reduce energy use and promote energy reductions. Mayor Haakenson also included a newspaper article entitled, "Effects of Climate Change." He supported the formation of a subcommittee to discuss incorporating green building codes into City codes, suggesting a Councilmember serve on that committee along with staff and builders. Next Mayor Haakenson raised the issue of creating a parking space for a hybrid plug-in in the Public Safety parking lot. He offered to have staff investigate the cost to provide electricity to a parking space as well as a fee for the service (to avoid a potential gift of public funds) if the Council was interested in pursuing this issue. Discussion followed regarding the current inability to commercially purchase plug-in vehicles, approximately 30 currently licensed in Washington, providing signage that the parking space was available for that use but not prohibiting other parking, what other types of vehicles could use the plug-in, and the potential marketing opportunity the availability of the plug-in would provide. Councilmembers expressed a desire for further information regarding what type of other vehicles could use the plug-in. It was agreed staff would bring further information to the Council at a work meeting regarding providing a plug in for electric vehicles. Mayor Haakenson advised Human Resources Manager Debi Humann investigated a medical insurance plan available through AWC that would save the City money, a portion of which could be offered to unions via a post -retirement health savings plans. The plan was described to union leaders and staff offered to have AWC make a presentation on the plan; their initial reaction was three of four unions were not interested and one thought they would be losing something. The unions have until Monday to advise whether they want staff to pursue the plan with AWC. If the unions were not interested, Ms. Humann will not pursue it. Therefore, the agenda item regarding medical coverage would not be discussed further today. He advised staff may pursue this plan in the future for non -represented employees to determine if there were significant savings and offer it to the unions again in the future. Mayor Haakenson advised the State's capital budget includes $500,000 for the purchase of the former Woodway Elementary School property and $100,000 for the Shell Creek property. It was suggested 2-3 Councilmembers call Senators Paull Shin and Darlene Fairley today to urge their support. 1. SESSION OVERVIEW AND GOALS a) Increase Understanding of Edmonds Current Financial Position Administrative Services Director Dan Clements provided a PowerPoint presentation entitled "Positioning for Our Financial Future." He reviewed the City's current financial situation including Moody's Al Bond Rating, General Fund reserves that include a General Fund balance of $4.2 million as of December 31, 2006 and an emergency reserve balance of $2 million. He reviewed efficiencies and best business practices that include Council e-agendas, staff training and continuing education, purchase cards for acquisition, expanded City Hall hours, biennial budget, on-line credit card payment, financial system overhaul, new phone system, new permitting system and new business licensing system. He described funds provided in 2001 via the Sno-Isle annexation; expenditure cuts of $1,248,000 in 2003; Street Transfer reductions in 2006, 2007 and 2008; and revenue increases that included an EMS levy in 2003; use of banked capacity in 2002, 2003, 2006 and 2007; Olympic View Water franchise in 2004; LID Edmonds City Council Draft Minutes March 23-24, 2007 Page 3 Packet Page 6 of 93 Exhibit 2 Message Pagel of 3 Spellman, Jana From: Haakenson, Gary Sent: Monday, June 25, 2007 2:21 PM To: Spellman, Jana; Michael Plunkett; ron wambolt; Orvis, Dave; deanna dawson; Mauri Moore; Peggy Olson; Marin, Richard Cc: Carl, Linda Subject: Plug -In Information Council: I see that the CS/DS Committee is set to discuss plug-in hybrid vehicles at the July 10th meeting. At the Council retreat, you asked for more information on the topic. 1 asked Don Kreiman, Chair of the Transportation Committee to pull together some resources for you. Here is his email on the matter. Gary Gary, Below the ----------------------- line is information about plug -ins as you requested, to pass along to the City Council per your offer to the Councilmembers at the Retreat. If you'd like our committee to prepare a presentation about plug -ins for the City Council; or find an expert to testify to the City Council; or write a position paper for the City Council; our committee has the resources to comply. Please give us some advanced notice. Regards. Don Kreiman Chairman, Citizens Transportation Advisory Committee --------------------------------------------------------------------- ORGANIZATIONS: info(@pluginamerica.com One of the main websites for information on all aspects of plug-in hybrid vehicles. http_//calcars.org ehicles.html, : comprehensive information about plug-in hybrid cars. b=:I/plugdnpartners.org/glugInHybrids/ The main website for the Austin, TX utility company's project to promote plug-in hybrid cars. 1 PEOPLE: pv(@swoobv.com swooby.com Paul Peaveyhouse: has canvassed plug-in locations in King County for Seattle Electric Vehicle Association rmanzan@TSCnet.com Rich Rudman, Manzanita Micro, Kingston: manufacturer of plug-in hybrid conversion kits and battery chargers jjohnsonPmcev.biz Jim Johnson is owner of MC Electric, a Seattle dealer selling neighborhood electric vehicles. 6/27/2007 " bil3 Packet Page 7 of 93 _.... __....... .. ............................. ..... . ............ ............ ...... ........._: Message Page 2 of 3 stevensloukh@comcast.net Steve Lough is president of the Seattle Electric Vehicle Association r�'f@dolio.net Ryan Fulcher, Seattle, manufacturer and designer of Plug-in adapter kits for hybrid vehicles. Ja .Inslee mail.house.gov and Christine.Hanson@mail.house.gov Congressman Jay Inslee (press aide Christine Hanson) is one of the leading members of Congress supporting legislation similar to mine to provide infrastructure support for electric cars. steve(@freedrive-ev.com Steve Titus manufactures solar powered electric cars. Steve.Nicholas@ Seattle. Gov is director of Seattle's Office of Sustainability and is reviewing suggestions to install more electric plugs in Seattle. LAIton@crownolazaseattle.com. Lynn Alton is Engineer at Seattle Crowne Plaza Hotel, which provides electric plugs upon request for guests visiting with electric cars. victor((@a oria.net Victor Munoz, Seattle: compiled first Seattle area directory of plug-in locations info@ebikesnw.com Eric Sundin is president of-E-Bikes NW, an electric bike store; electric bikes can also recharge at public plugs. hq@afstrinity.com Ed Furia, Medina; founder of Earth Day, president of AFS Trinity, manufacturer of high -efficiency hybrid drive -trains. kirby.s jacobson(&boeing.com, earth2kirby(d) hoo.com Kirby Jacobsen, Edmonds resident and electric car owner info@sherrvboschert.com Sherry Boschert, San Francisco, author of Plug -In Hybrids: the Cars that will Change America i� madCa)msn.com Jim Adcock, electric car owner, plug-in station reviewer krharrell nw@yahoo.com Keith Harrell, corporate incentives to provide infrastructure. boink 150yahoo.com Gordy Ormesher, 208 66o-8539: Promoting electric plugs for hybrid cars in Idaho cindy Cindy Cawaling, assistant to King County Executive Ron Sims, is working to investigate infrastructure support for hybrid cars. Brad.HirschOmyersmotors.com and G1enn.Abbott(&MyersMotors.com Brad Hirsch and Glenn Abbott are executives and managers for Myers Motors, an electric car manufacturer in Tallmadge, Ohio ronin296o(@-gmail.com Patrick and Mary Jo Fenton, Edmonds residents supporting plug-in availability 6/27/2007 Packet Page 8 of 93 Message Page 3 of 3 I ARTICLES: http://www.csmonitor.com/2005/0922/pl2soi-sten.html and http://www.csmonitor.com/2oo5/0127/pl4soi-stct.html are two articles on plug-in hybrids in the Christian Science Monitor http:/�www gate.com cgi_binjarticle.cgi?f=L�2o0� 04/2�/MNGDTCEA8Hi.DTLplug-in hybrid article in San Francisco Chronicle http://www.theautochannel.com/news/2005/04/i2/O36035.html Auto Channel article about plug-in hybrids attracting political support form left and right. http.//www.nrel. ov/news /press/2007html Xcel Energy completes a six-month study on plug-in hybrids and impact on the electricity grid. 6/27/2007 Packet Page 9 of 93 0006.xxxxxx SAB 9/3/06 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, SUPPORTING A CAMPAIGN TO ENCOURAGE THE DEVELOPMENT OF "GAS OPTIONAL/PLUG-IN HYBRID" CARS WHEREAS, the over -reliance of America on foreign oil has become a growing and serious threat to the economic vitality and national security interest of the United States; and WHEREAS, automobile emissions are a major contributing factor to global warming and to smog in our cities, which threaten the health of our citizens and the sustainability of our planet; and WHEREAS, the imbalance between gasoline resources and worldwide demand is escalating gasoline prices at an alarming rate and to levels that overburden commerce, hurt economic growth and cause serious hardship on our citizens; and WHEREAS, the technology exists today to build a flexible -fuel plug-in hybrid electric automobile that could reduce oil imports, fuel costs to our citizens and our economy and air emissions by dramatic margins; and WHEREAS, the City of Edmonds, Washington joins many of the nation's cities to urge automakers to mass produce plug-in hybrid vehicles for the substantial economical, environmental and strategic reasons outlined; and WHEREAS, the City of Edmonds, Washington is officially launching "Plug -In Edmonds" Campaign a community -wide campaign to promote the mass production of Exhibit 4 Packet Page 10 of 93 plug-in hybrid vehicles and the availability of publicly -available electric plugs; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: That the City of Edmonds joins the Plug-in Partners National Campaign; an That the Mayor is directed to develop a program to encourage the future purchase of flexible -fuel plug-in hybrid vehicles, including fleet orders; and That the City of Edmonds makes a commitment to support local, state and federal policies that will promote flexible -fuel plug-in hybrid vehicles, including making available parking spaces with electric plugs for use by plug-in vehicles; and That the City of Edmonds will work with the local government, education, business and environmental community to advocate for the purchase of flexible -fuel plug-in hybrid vehicles. RESOLVED this day of , 2006. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: [date] PASSED BY THE CITY COUNCIL: [date] RESOLUTION NO. I #### Packet Page 11 of 93 Citizen Advisory Transportation Committee For the City of Edmonds February 15, 2007 Dear Edmonds City Council: Don Kreiman, Chair The Mayor's Citizen Advisory Transportation Committee would like to bring to your attention a draft City Council resolution approved by our committee encouraging the use of "plug-in" hybrid cars and recommending that the City of Edmonds join the "Plug- in Partners National Campaign." The proposed resolution would direct the Mayor to develop a program to encourage the future purchase of flexible -fuel plug-in hybrid vehicles, including fleet orders: for trips of less than forty miles, "plug-in" hybrids are "gas optional": so long as the car's batteries are charged, gas isn't burned. The resolution proposes further that Edmonds support local, state and federal policies that will promote flexible -fuel plug-in hybrid vehicles, including making available parking spaces with electric plugs for use by plug-in vehicles. The more cars that run on electricity in and out of Edmonds, the cleaner the air, and the more gas is conserved. Finally, the resolution proposed that Edmonds work with other local governments, education, business and the environmental community to advocate for the purchase of flexible -fuel plug-in hybrid vehicles. Packet Page 12 of 93 The reasons for this resolution primarily include the dangers of America's over- reliance on foreign oil and that automobile emissions from gasoline engines are a major contributing factor to global warming and to smog in Edmonds. The technology exists today to build a flexible -fuel plug-in hybrid electric automobile that could reduce oil imports, fuel costs and air emissions by dramatic margins. Edmonds, Washington should join many others of the nation's cities to urge automakers to mass produce plug-in hybrid vehicles. We enclose documentation regarding the plug-in program. Very truly yours, Don Kreiman, Chair Packet Page 13 of 93 On December 10, 2006. this Op -Ed arrical appeared in the Davis Enterprise. Following the original article is my response. (I substituted my own image of my Ranger EV charging at the site since the original is not available) Susan Wolbarst. Special to The Enterprise Published: December 10, 2006 Imagine the best possible perk a person could have in downtown Davis. Go ahead, let your ima-mation run wild. See it before you now: your own private parking space, available day or night for as long as you want it. No pesky "No Parking" signs; no green, red or blue paint on the curb limiting your lingering. Just pull on up; park your vehicle in your ultra -choice downtown location and go get your massage, get your hair done, have lunch, do your banking, browse, sip a coffee, Iisten to a bunch of CDs, window shop, try on clothes, go to a three-hour movie ? loiter and, spend your money for the whole day if you feel like it ? without having to remember to check your watch every two hours, then frantically move your car. Without fear of a parking ticket. Today or any other day. Ever. Impossible! Not if you're really special. If you're really special, you're one of two people whose electric vehicles can be recharged at the special EV (electric vehicle) parking place in the parking lot adjacent to the E Street Plaza. Yes, the E Street Plaza, smack in the heart of downtown Davis, where parking places are in short supply almost any day or night of the week. If you're like me, you've never actually seen anyone parked in that EV space. In all the years since the city put in that electric ing Pro & G ; Shopper id EV N ut Fac6 Off vehicle -only parking place, the only time I've ever seen an electric vehicle parked there was the time I parked one there myself. It was a GEM (stands for Global Electric Motorcars; in reality, they're golf carts) I borrowed from the city's free loaner program. I parked it there while I visited my hair stylist, the inimitable .Fran at Cut Loose Salon. I pulled in triumphantly, knowing I had just fulfilled a longtime ambition: parking in the always -vacant primo downtown EV parking spot. However, when I went to plug in the extension cord, thinking I'd recharge the GEM while Fran recharged my hair color, I got a shock, or rather, a surprise. There was no place to plug in! Thinking I must be losing it, I used my cell phone to call the city phone number posted inside the GEM car for assistance. I asked how to plug in the GEM at the EV-only parking spot in the E Street Plaza. "Oh," the helpful fellow who answered told me, "that thing doesn't work with the city cars. Only two people in town have vehicles that can work at that charger." "Two people?" I asked incredulously "That's right," he confirmed. He did allow there was nothing to prevent me from parking there in a city GEM, since the GEM is an electric vehicle and the space is limited to electric -powered vehicles. I just couldn't plug in. That made me wonder, ii there's power flowing to that charger, serving that always - empty parking space, why couldn't the city just adapt the charger to take a plug, so the city's fleet of 27 GEM vehicles plus the city's dozen or so privately owned GEMS could recharge there? They wouldn't have to disturb the technology serving the two very special people who can currently use the current there, but they could add the other kind of plug as well, maybe increasing use of the parking spot from a frequency -of "virtually never" to "once in a blue moon." I mean, not too long ago the city spent $80,000 to buy a high-tech camera system called AutoVu so the Police Department could give out more parking tickets, so I'm assuming it could afford the cost of rewiring the charger. On the other hand, maybe they could use the AutoVu to confirm how often (if ever) the two special people who have the technology to recharge their cars there actually use their private parking space. In my opinion, it would be well worth the $80,000 we spent on the AutoVu to know this definitively. Maybe, if no one ever parks there, we could convince the City Council to convert the spot into a frog rest stop or a burrowing owl habitat. The one 'thin g ]'in confident the City Council would never consider is making it into -a parking space for use by ordinary gas - powered cars, the kind nearly all of us members of the shopping public drive, so we could actually park there. If City Council members were willing to use that kind of logic, it mi_ht be possible to convince them to eliminate timed parking 16 Current EVents 1 January 2007 Packet Page 14 of 93 LETTERS TO THE EDITOR limits altogether, so we could spend more of our money downtown instead of hurrying away after a two-hour hair appointment — no matter how much we'd like to stay for lunch or do some shopping — to avoid getting parking tickets. One thing I've noticed and I don't even have an AutoVu, is that they seldom, if ever, give parking tickets in shopping mails in Woodland, Sacramento or Vacaville. And they probably won't give them at the Davis Target, either, which is something downtown merchants and the Davis City Council might like to think about the next time they deliberately restrict parking for shoppers downtown. Consider the number of green -curbed 20- minute parking spaces that have replaced two- hour spaces all over downtown in recent years. I've noticed a lot of those 20-minute spots remain almost as empty as the one very special EV parking place in the E Street Plaza. Twenty minutes won't even get you through the line at the post office in downtown Davis, but it will get you to (or most of the way to) ticket -free shopping in some out-of-town location. — Susan Wolbarst is a freelance writer and Davis resident who prefers shopping in downtown Davis. And my response published on December 24, 2006: The Reserved Parking Space that Benefits Everybody. In her December 10 Op -Ed piece, "Your Very Own Parking Space," Susan Wolbarst describes many facets of the downtown Davis parking situation that dissatisfy her. Her biggest concern seems to be the Electric Vehicle (EV) parking space at the E Street Plaza lot that she describes as "ultra -choice" and "always empty." I support Ms. Wolbarst's right to feel wronged. I also encourage her to step back from the entitlement issues so she can understand the reasons why we have reserved EV parking/charging spaces in Davis. An available EV parking/charging space facilitates the use of cleaner, alternative transportation, and benefits everybody who breathes. The City of Davis should continue to be proactive in encouraging the use of electric vehicles. I have personally taken advantage of the E Street Plaza EV space more times than "virtually never." And while there are certainly more than two of us "really special people" in town who can charge there, that point is not relevant to this discussion. There are hundreds of EV drivers in nearby towns, and when EV drivers visit Davis, they usually need to charge locally in order to safely make the gasoline -free drive home. EV drivers typically have a charger at home and do not need a local public charger. Because we regularly charge at home, and because many of us also choose to bicycle or walk to the downtown area, the EV space in question is often left available for a distant EV driver who might need it. When I drive my EV to Sacramento or to San Francisco, I rely on public charging in those cities to allow me to make the round trip without the use of gasoline. If EV spaces are removed — as Ms. Wolbarst proposes for this space in Davis — more gasoline vehicle trips would be the result. When more gasoline is used, we suffer a reduction in air quality, water quality, money from our domestic economy, and national security. EV parking/charging spaces are often not occupied for the same reason that handicapped parking spaces are often not occupied: The spaces are only useful if they are available when they are needed. Drivers are no more likely to purchase an EV just to take advantage of a special parking space than they are likely to injure themselves just sothey can park at a blue curb. When an EV driver needs to charge his car, he needs a charger, and an adjacent parking space to park the vehicle. It would seem that a Davis EV driver has no way to appease Ms. Wolbarst's negative view of the EV parking space in question. If an EV driver does park in the EV-reserved spot, he is held in contempt as one of the privileged few, taking advantage of a situation that penalizes the gasoline -burning masses. If a local EV driver chooses to park in a regular space, or to relieve downtown parking congestion by walkingor bicycling to town, the EV space is left available for another EV driver, and the spot is labeled "always empty." An empty EV space inspires Ms. Wolbarst to consider that the space would be better used for the benefit of yet another gasoline car driver. Her point that most drivers use gasoline cars is a valid one. and demonstrates why we should encourage the use of cleaner, alternative transportation. When we avoid using gasoline, we increase our quality of life. Though gasoline stations can be found throughout Davis for the benefit of all gasoline car drivers, an EV driver cannot use gasoline, and needs a space to park and charge. If parking and charging is not offered, driving an EV becomes difficult — even impossible in some situations — and is less likely to happen. We end up with more gasoline consumption and exhaust right where we live and breath. Davis should continue to attract clean vehicles, even if it costs us one space that could otherwise be occupied by a gasoline car. When a clean car is driven in place of a gasoline car, everybody benefits. Ms. Wolbarst implies that EV drivers have a utopian existence because of this one "dream" parking space. She does do not consider they money, time and effort that EV drivers regularly invest in keeping public chargers safe from vandalism, in repairing broken chargers, and in educating drivers who may not understand the importance of having these EV parking/charging spaces available. EV drivers in today'sgasoline-centric society face several unique challenges. I was amused that the Enterprise staff photographer tasked with taking a picture of the *'always empty" EV parking space found an actual EV using it as it was intended. That parking space is used, and is often left available for an EV driver in need of a charge. More EV information: http://evnut.com Current Events is interested in republishing "published letters " b-v members of the EAA. This presentation is a reprint of a letter and the response written to the editor oj'the Davis Enterprise (in Davis. Calijbrnia). Packet Page 15 of 93 January 2007 / Current Events 17 �r Plug -In Partners Partners List 11 NP69n.i Cama+ign This list was last updated on April 16, 2007. City Partners Northeast • Wadsworth, OH • Gladstone, OR • Baltimore, MD Southwest • Honolulu, HI • Boston, MA • Albuquerque, NM • Irvine, CA • Hamilton, NJ • Arlington, TX • Lawrence, KS • Keene, NH • Austin, TX • Las Vegas, NV • Medford, MA • Corpus Christi, TX • Los Angeles, CA • Philadelphia, PA • Dallas, TX • Oakland, CA Southeast • Fort Worth, TX • Phoenix, AZ • Fayetteville, AR • San Antonio, TX • Portland, OR • Gainesville, FL West • Sacramento, CA • Memphis, TN • Denton, TX • Salt Lake City, UT Midwest • Edmond, OK • San Francisco, CA • Chicago, IL • Alameda, CA • Santa Barbara, CA • Cleveland, OH • Aspen, CO • Seattle, WA • Des Moines, IA • Berkeley, CA • Shasta Lake, CA • Kansas City, MO • Boulder, CO • Tulare, CA • Wenatchee, WA • Madison, WI • Burbank, CA International • Milwaukee, WI • Colorado Springs, CO • Vancouver, ON • Minneapolis, MN • Crested Butte, CO • Omaha, NE • Denver, CO • Plymouth, WI • Fort Collins, CO Counties and Local Governments • Alamo Area Council of Governments, TX • Arkansas Energy Office, AR • Arlington County, VA • Bexar County, TX • Capital Area Metropolitan Planning Organization, TX • Capital Metropolitan Transportation Authority, TX • Department of Administration for the State of North Carolina • Evangeline Parish, LA • Fairfax County, VA Granville County • Harris County, TX • Indian Nation Council of Governments (INCOG) • King County, WA • Marin County, CA • Metro Council, OR • Miami/Dade County, FL • Mid America Regional Council, KS/MO • Oklahoma County, OK • Paramount High School — West • PIMA Association of Governments, AZ • Port of Chelan County, WA • Pueblo County, CO • Sacramento Metropolitan Air Quality Management District (SMAQMD), CA • Salt Lake County, UT • Sarasota County, FL • Shohomish County, WA • Sonoma County Water Agency, CA • Travis County, TX • Travis County Sheriff s Office, TX • Village of Mount Horeb, WI • Wenatchee Valley Transportation Council, WA Packet Page 16 of 93 Colleges/Universities • Austin Community College, TX • Kingsborough Community College, NY • National Alternative Fuels Training Consortium, West Virginia U. State/Federal • California State Controller, CA • Ohio Local Air Pollution Control Officers Association • Minnesota Department of Natural Resources • Missouri Department of Natural Resources • New York State Energy Research and Development Authority (NYSERDA), NY • South Coast Air Quality Management District, CA • State of Colorado Goveiner's Office of Energy Management & Conservation • State of Missouri Department of Natural Resources, MO • State of North Carolina Department of Administration • State of Oklahoma Department of Commerce National Security Organizations • Center for American Progress, DC • Institute for the Analysis of Global Security • Set America Free Coalition • Stanford University, CA • University of Texas at Austin, TX • State of Oklahoma Secretary of Environment • Texas Building and Procurement Commission • Texas Commission on Environmental Quality Commissioner Larry Soward • Texas Department of Transportation, TX • Texas General Land Office • Texas State Energy Conservation Office • Texas Youth Commission • Travis County, TX • NY State Energy & Research Development Agency, NY • Texas Youth Commission Biofuel/Alternative Fuel Organizations • Alternative Fuel Group, AZ • American Corn Growers Association, DC • Advanced Fuel Group, AZ Labor Organizations • IBEW Local 103, MA • IBEW Local 68, CO • Apollo Alliance, WA Renewable Energy Groups • American Council on Renewable Energy (ACORE) • American Wind Energy Association, DC • NC Solar Center • East Tennessee Clean Fuels Coalition • Soybean Producers of America, DC • Northeast Sustainable Energy Association • Sun Day Campaign (MD) • Texas Renewable Energy Industries Association Packet Page 17 of 93 Non -Profit Organizations • Advanced Energy, NC • Advanced Transportation Technology Institute, TN • Alliance to Save Energy, DC • American Lung Association of Iowa • American Lung Association of Minnesota • American Lung Association of Texas • Americans for Energy Independence, CA • Arizona Public Interest Research Group, AZ • Austin/San Antonio Chapter of the Association of Energy Engineers, TX • BC Sustainable Energy Association, Canada • California Cars Initiatives, CA • California Electric Transportation Coalition, CA • Central Coast Chapter of EAA, CA • Centralina Clean Fuels Coalition, NC • Citizens for Rideable Communities, WA • C1eanStart, CA • Colorado Energy Group, CO • Consumer Federation of America • Electric Auto Association, CA • Electric Auto Association of Greater DC • Electric Auto Association of San Jose, CA • Energy Industries of Ohio • Energy, Environment, and Natural Resources (EENR) Committee of the NLC • Environment Colorado, CO Environmental Groups • Ann Arbor Area Clean Cities Coalition, MI • Arizona Public Interest Research Group (PIRG), AZ • Blue Skies Alliance, CA • Blue Water Network (Division of Friends of the Earth), CA • Center for Biological Diversity, AZ • Citizens League for Environmental Action Now (CLEAN), TX • Clean Air Coalition, TX • Clean Air Council, PA • Clean Air Force of Central Texas, TX • Clean Fuels — Ohio, OH- Colorado Energy Group, CO • Community Clean Water Institute, CA • Earth Policy Institute, DC • Electric Vehicle Association of Greater DC • Energy Future Coalition, DC • Environment Colorado, CO • Environment Michigan, MI • Environment New Hampshire, NH • Environment Rhode Island, RI • Environment Texas, TX • Environmental and Energy Study Institute (EESI), DC • Florida Space Coast Clean Cities Coalition, FL • Florida Electric Auto Association, FL • Global Energy Network Institute, CA • Goodwill Industries, TX • Green Lex.org, KY • Hidary Foundation and Smart Transportation, NY • Houston Renewable Energy Group • IEEE Central Texas Section Consultants Network, TX • Iowa Clean Cities Program, IA • Maryland Clean Cities, MA • Meals on Wheels and More, TX • Middle Georgia Clean Cities Coalition, GA • Milwaukee Hybrid Group, WI • Plug-in America • Public Technology Institute, DC • Randolian Acres, TX • Rosedale Neighborhood Association, TX • San Francisco Electric Vehicle Association, CA • Seattle Electric Vehicle Association, WA • South Shore Clean Cities, IN • Southern California Clean Cities Coalition, CA • St. Louis Regional Clean Cities- Sustainable Energy & Economic Development Coalition, TX • Travis County Green Party, TX • Utah Clean Cities, UT • Vote Solar Initiative, CA • Wisconsin Clean Cities --Southeast Area, Inc. • Galveston -Houston Association for Smog Prevention, TX • Greater Long Island Clean Cities Coalition, NY • High Country Citizens' Alliance, CO • Houston Renewable Energy Group, TX • Institute for Environmental Research and Education (IERE) • Kansas City Regional Clean Cities Coalition, MO • Maryland Clean Cities- MassPIRG, MA • Mothers for Clean Air, TX • Oregon Environmental Council, OR • Plug-in America, CA • Public Citizen's Texas Office, TX • Rainforest Action Network, CA • St. Louis Regional Clean Cities, MO • Sustainable Dallas, TX • Texas Environmental Justice Advocate Services (TEJAS), TX • Triangle Clean Cities Coalition, NC • U.S. Public Interest Research Group • Yolo-Solano Air Quality Management District, CA Plu Packet Page 18 of 93 Businesses • 21 Wheels, CO • A123 Systems, Inc. • E-Car Company, FL. • NCBI • ABC Pest and Lawn Services. TX • Eco-Planet, CA • Net Ingenuity • ARISE Technologies, Inc. • Electric Cars of Austin, TX • New World Engineering • AWBA.M Enterprises, Inc. • ElectriCities of NC, Inc, NC • Neweities Unlimited, LLC • Advanced Micro Devices (AMD), TX • EV America, TN • Nilar, Inc. • Accent Tile, Inc. • Electric Cars of Austin, TX • North Coast Seafood • Action Builders of Prosperity, LLC • ElectriCities of North Carolina, • Nutrifit, CA • Action Safe and Lock Inc., NC • NuWorld R&D, Canada • Altairnano, Inc., NV • Electro Energy, Inc. • OS Beyond Consulting Services • All Recovery • Erlewing Guitar, Inc. • Odyne Corporation, NY • Amazonia Aquariums, TX • Fancy Floors Flooring • Open Source Green Vehicle, CA • American Contracting & Environmental • fd2s, Inc. • Optical Automation Services • Feel Good Cars - Canada • PC Guru, TX • American Solar Electric, NV • Feel Good Cars - U.S.A. • PC Plastics • Apollo Energy Systems, Inc. • Friendly Trails Transportation • PCD Engineering Co. • Austin Connect, TX • G. Raatz Attorneys • Pawsitive Pet Care • Austin Eye Clinic, TX • GSD&M • Potomac Energy Projects, LLC • Austin Group Specialists, TX • Good Company Associates • Power Peripherials, CA • Austin HDC/Hangers Cleaners • Good Earth Energy • Powerlight, NV • AutoNation Conservation Inc., TX • Property Consultants • Average Joe • Goodwill Industries • Quest Enterprises • BLDC.onstruction • Grand Champions Fitness • Raymundo Engineering, TX • Balcones Frame Supply, Inc., TX • Green Building Center • REgrid Power, Inc. • Barley + Pfeiffer Architects, TX • Green by D'Bodinus, CA • Red Creek Financial • Bates Investigations, Inc. • Green Strategies, Inc. • Renew Comm, CA • BBit, Inc. • Guys Rentals • Renewable Energy Center, TX • Bear Valley Real Estate • Hangers Cleaners • Rice Money Managers, Inc. • Beatitudes Mission • Harbee Plastics, Inc. • Rivercity Footworks, TX • Belmont Computer, TN • Harlo Kinder Ltd. Part. • Rogers Supply Co. • Bicycle Sport Shop, TX • Hilsol Company • Safe Records Center • Blue Sky Biofuels, LA • Home Integrate • Sentient Services • Bomann By Owner, Inc. • Hybrid Center of • Sergio Lub Inc. • Bombard. NV Massachusetts, MA • Shoal Creek Saloon, TX • Bottom Feeder • ICEL, CA • Silicon Valley Biodiesel, CA • CRS • ISE Corporation, CA • Sion Power, AZ • Cambridgeport Plumbing, MA • Integrated Health Care • Solar Electric Energy Systems, CA • Capital Spectrum • Joseph A. Turner, PC Law • Solar Store, AZ • Carbon Solutions Group, IL Office, TX • Stella Group, Ltd. • Casey Muleihy, MD, PA • kW Engineering, CA • Step by Step • Charter Starters • Lake Hills Sales, Inc. • Steve Dequeant (start-up company), TX • City Conservation • Leader Kozmor Gorham, LLP • Strand Brothers, TX • C1anAndrus • Legacy Homes • Suncoast EV Outfitters (SEVO), CA • Clayways Pottery Studio/Gallery • Legacyquest • Superior Plumbing & Heating, CA • Communication Specialists • Lightspeed Solar, CA • Synapse Electric • David R. Poole, MD, Psychologist • Liquid Sun, WA • TDM Research, TX • Delaware Power Systems Corp. • MPM Graphics • Techware USA, Inc. • Desert Energy, AZ • Marilyn Fenn Fine Art • Tesoros Trading Co., TX • Detectant • Mariposa Bioscience • Tideland Signal Corp., TX • Don's Garage Doors • McCoy Aviation, CA • Montessori Center, TX • Donna Rose, MA LPC • McCurdy Products, Canada • The Soup Peddler, TX • Dowell Ranch • Meridian Energy Systems • Van Rys Orchards • Dr. Robert Thoreson • Midtown Grooming, TX • Videotime • Drums for all Ages • Milwaukee Hybrid Group • Wandertec, Inc., AZ • Dynamic Systems, Inc • Mountain View Builders, WV • Warm Corporation West • NAAAM, TX • West Hills Carstar • White Mountain Foods, TX • Work Horse Packet Page 19 of 93 Utility Associations • American Public Power Association • Arizona Municipal Power User's Association, AZ • Edison Electric Institute, WA. Investor -Owned Utilities • Vermont Public Power Supply Authority, VT • Washington Public Utility District Association, WA • Wisconsin Public Power Inc., WI • Kansas City Power & Light, KS • NSTAR Electric & Gas Corporation Public Power Utilities • Austin Energy, TX • Akron Municipal Utility, OII • Alameda Power & Telecom, CA • Algoma Utilities, WI • American Municipal Power -Ohio • American Samoa Power Authority • Anaheim Public Utilities, CA • Arcadia Electric Utility, WI • Atlantic County Utilities Authority, NJ • Austin Utilities, MN • Barnesville Municipal Power, MN • Beach City Board of Public Affairs, OH • Benton PUD (Kennewick, WA) • Boscobel Utilities, WI • Bowling Green Municipal Utilities, KY • Braintree Electric Light Department, MA. • Brigham City Corp., UT • Bristol Virginia Utilities • Brodhead Water and Light, WI • Buffalo Municipal Seivice, MN • Burbank Water & Power, CA • Cavalier Light & Power Plant, ND • Cedarbuig Light & Water Commission, WI • Central Nebraska Public Power and Irrigation District • Chelan County PUD, WA • City of Batavia, IL • City of Bentonville, AR • City of Camilla Utility, GA • City of Chanute Utility, KS • City of Columbiana Public Utility, OH • City of Edmond Utility, OK • City of Gunnison Public Utility, CO • City of Holdrege, NE • City of Lake City Electric Utility, MN • Electric Power Research Institute (EPRI), CA • National Rural Electric Coop Association, VA • Tennessee Municipal Electric Power Association, TN • OGE Energy Corporation, OK • Pacific Gas and Electric, CA • PNM Resources, NM • Southern California Edison, CA • City of Lamar Utility, MO • City of Mansfield, GA • City of Mesa Electric Utility, AZ • City of Naperville Dept. of Public Utilities, IL • City of Redding Electric Utility, CA • City of Riverside Public Utilities, CA • City of Safford, AZ • City of St. Charles Utility, IL • City Utilities of Richland Center, WI • City Utilities of Springfield, MO • Clark Public Utility (Vancouver, WA) • Clarksville Dept. of Electricity, TN • Clintonville Water & Electric Plant, WI • Columbia Power & Water Systems, TN • Columbus Water and Light, WI • Concord Light, MA • Concord Municipal Light Plant, MA • Cowlitz County PUD, WA • Cuba City Light and Water, WI • CPS Energy, TX • Cumberland Municipal Utility, WI • Cuyahoga Falls Electric Dept., OH • Danvers Electric Division, MA • Danville Dept. Utilities, VA • Douglas County PUD, WA • Eagle River Light and Water, WI • Emerald People's Utility District, OR • Energy Northwest, WA • Erwin Utilities, TN • Farmington Electric Utility System, NM • Florence Utilities, WI • Frankfort Electric & Water Plant Board, KY • Freeport Electric, NY • Gainesville Regional Utility, FL Packet Page 20 of 93 Public Power Utilities coast. • Garland Power & Light, TX • Great River Energy, MN • Hagerstown Municipal Light Dept., IN • Hartford Electric, WI • Heber Light & Power Co., UT • Imperial Irrigation District, CA • Independence Light & Power, IA • Indianola Municipal Utilities, IA • JEA, FL • Jackson Utilities & Public Works, MO • Jefferson Utilities, WI • Juneau Utilities, WI • Kansas City Board of Public Utilities, KS • Kaukauna Utilities, WI • Kirkwood Electric Department, MO • Klickitat County PUD, Goldendale, WA • Lakeland Electric, FL • Lakota Municipal Utilities, ND • Lebanon Utilities, IN • Lewes Board of Public Works, DE • Lewis County PUD, WA • Lodi Electric, CA • Lodi Utilities, WI • Long Island Power Authority, NY • Los Angeles Department of Water Power, CA • Loup River Public Power District, NE • Lower Colorado River Authority, TX • Maquoketa Municipal Electric Utility, IA • MA. Municipal Wholesale Electric Company, MA • Maquoketa Municipal Electric Utility, IA • McMinnville Electric System, TN • McMinnville Water and Light, OR • Meade Municipal Plant, KS • Memphis Light and Gas, TN • Menasha Utilities, WI • Monmouth Power & Light, OR • Murray City Power, UT • Muscoda Utilities, WI • Nebraska Public Power District, NE • New Glarus Light and Water, WI • New Richmond Utilities, WI • New York Power Authority, NY • Oconomowoc Utilities, WI • Oconto Falls Municipal Utilities, WI • Omaha Public Power, NE • Orlando Utilities Commission, FL • Owtonna Public Utilities, OK • Pacific County PUD No. 2, WA • Paducah Power System, KY • Paris Board of Public Utilities, TN • Pasadena Water & Power, CA • Pend Oreille County PUD, WA • Piedmont Municipal Power Agency, SC • Plymouth Utilities, WI • Prairie du Sac Utilities, WI • Princeton Municipal Utility, NJ • Public Utility District No. I of Douglas County • Red Cloud Municipal Electric Dept., NE • Reedsburg Utility Commission, WI • Richmond Power and Light, IN • River Falls Municipal Utilities, WI • Rochester Public Utility, MN • Rock Falls Electric Dept., IL • Rock Hill Utilities, SC • Roseville Electric, CA • Sacramento Municipal Utility District (SMUD), CA • San Diego Gas & Electric, CA • Salt River Project, AZ • Scottsboro Electric Power Board, AL • Seattle City Light, WA • Shelby Division of Electricity & Telecommunications, OH • Snohomish County PUD, WA • Solvay Electric Dept., NY • Southern California Public Power Authority, CA • Southern Minnesota Municipal Power Agency, MN • Spencerport Electric Dept., NY • Stephen Municipal Utilities, MN • Stoughton Utilities, WI • Sun Prairie Water and Light, WI • Tell City Electric Dept., IN • Town of Haxtun Utility, CO • Truckee -Donner PUD (Truckee, CA) • Two Rivers Water and Light, WI • Utilities Plus/CMMPA (Blue Earth, MN) • Village of Paw Paw (Paw Paw, MI) • Village of Rouses Point, NY • Wadsworth Electric and Communications, OH • Waterloo Utilities, WI • Watertown Municipal Utilities, SD • Waupun Utilities, WI • Waunakee Utilities, WI • Waverly Light & Power, IA • Westby Utilities, WI • Whitehall Electric Utility, WI • Willmar Municipal Utilities Community, MN Packet Page 21 of 93 National Campaign Visit us online at www.pluginpartners.org Packet Page 22 of 93 National Campaign Table of Contents • Plug -In Logo • Table of Contents • Brochure • National Initiative Overview • Campaign Plan for Each Type Participant • Draft City or County Resolution • Petition • Fleet Order Form • Solicitation Letter Visit us online at www.pluginpartners.org Packet Page 23 of 93 \n Part��u� National Campaign Plug -In Partners National Campaign Building a Market for Gas -Optional Flexible -Fuel Hybrids Plug-in Hybrid Electric Vehicles: The near -term solution • Plug-in hybrid electric vehicles (PHEVs) can dramatically decrease American dependence on imported oil, reduce greenhouse gases and other air pollutants, as well as lower fuel costs for American consumers. • PHEVs use the same technology as the popular hybrids on the road today, but have a more powerful battery that can be recharged in a standard home outlet. • PHEVs are outfitted with a battery pack sufficient to power the vehicle from 20 to 60 miles on battery charge alone. • Since half the cars on America's roads are driven 25 miles a day or less, a plug-in with a 25-mile range battery could eliminate gasoline use in the daily commute of millions of Americans. • PHEV technology is already available and functioning. DaimlerChrysler has developed and is testing a prototype PHEV commercial van with a 20-mile all -electric range. Conversions of existing hybrids ranging from sedans to SUVs are on the road today, demonstrating that the technology works. • PHEVs can be manufactured with flexible fuel engines, magnifying the economic, environmental and security benefits while also benefiting American agriculture. • An "electric" equivalent gallon of gas will cost 70-80 cents at prevailing electric rates versus the $2.00+ national average gasoline price. • The electric infrastructure is in place and available. Over 40% of the generating capacity in the U.S. sits idle or operates at a reduced load overnight when most PHEVs would be recharged. Our power system could charge tens of millions of PHEVs without requiring new plants. Plug -In Partners National Campaign • www.pluginpartners.org Packet Page 24 of 93 PlUg-ln Hybrid Electric Cars EnJ*oyBroad Support "If by 2025, all cars on the road are hybrids and half are plug-in hybrids, U.S. oil imports would drop by 8 million barrels per day (mbd). Today, the United States imports 10 mbd and is projected to import almost 20 mbd by 2025:' SetAmerica Free initiative, a coalition of prominent individuals and non-profit organizations concerned about the security and economic implications of America's growing dependence on foreign oil "Plug-in Hybrid Vehicles allow us to use made -in -the -USA energy for most of our driving, breaking the yoke of our dependence on oil." Institute for Analysis of Global Security "In fact, thanks to the existing grid's excess capacity at night, it should be possible to support up to 30 percent of the nation's vehicles equipped with plug-in batteries of 20-mile range and not have to expand electricity generation." — Frank Gaffney, President, Center for National Security Policy "When you consider that 78 percent ofAmericans live within 20 miles of their jobs, and that most car trips — commuting, shopping and dropping off the kids at soccer games — are less than 20 miles, plug-in hybrids could run solely on electricity for these types of short trips and commutes" Consumer Reports "Our studies show a strong market preference for plug-in hybrid vehicles when performance is equal and the cost difference is reasonable." Bob Graham, Area Manager, Transportation, EPRI "We think the transportation fuel sector should be diversified by utilizing more electricity as a fuel (for) plug-in hybrids that can get 100 miles per gallon and allow you to run on electricity alone for 20 to 30 miles, then shift to the combustion engine." Gal Luft, Director of the Institute for the Analysis of Global Security, an energy - security think tank in Washington "We believe that the 501argest,cities in this country, united in purpose, can build a groundswell of demand sufficient to entice caretakers to mass produce what is the logical near term response towards the critical goal of energy independence. We intend to set the example in Austin, TX" — Will Wynn, Mayor ofAustin, Texas Plug -In Partners National Campaign • www.pluginpartners.org Packet Page 25 of 93 Bu�Id,'i'ngMarket fora Flexible -Fuel PHEV Plug -In Partners is a national grass -roots campaign to demonstrate that a market exists right now for flexible -fuel Plug -In Hybrid Electric Vehicles (PHEVs). Key components of the campaign include rebates and incentives, "soft" fleet orders, petitions and endorsements. Partners in this campaign are local and state governments, utilities, and environmental, consumer and business organizations. The "Plug-in Partners" national campaign kicked -off on January 24, 2006. Cities and organizations across America are invited to use this identifying logo, and launch a Plug-in (name of City) campaign for their locale. Rebates and Incentives Rebates and incentives could be provided through various sources, including electric utilities — a logical source, since the industry stands to receive additional revenues if PHEVs achieve significant market penetration. Austin Energy, the city of Austin's public electric utility, has set aside $1 million for rebates for Austin Energy customers when PHEVs become available. Rebates or incentives could also be provided by businesses or organizations to their employees, perhaps as a match to a utility rebate or tax incentive. Fleet Orders Advance orders of PHEVs for future fleet needs are an important component of the campaign. These "soft" fleet commitments state that a business or government will seriously consider purchase of PHEVs if the vehicles are manufactured. The fleet orders will demonstrate a demand to automakers. Petitions The collection of signatures will allow a large number of Americans to speak directly to automakers. The petition used by Austin simply states that the signer understands what plug -ins are, and that they will seriously consider buying such a vehicle if it is manufactured. Petitions can be signed online at www.pluginpartners.org Endorsements Endorsements demonstrate organizational support for plug -ins in the form of a City Council or County Court resolution, a legislative resolution, or a statement of support from a local or national environmental, consumer, civic, or other organization. When an organization endorses the Plug -In Partners campaign, it is voicing its support for the mass production of PHEVs and will promote plug -ins to its membership. Press Event Hold a press conference to announce your PHEV initiative and your participation in the Plug-in Partners National initiative. Available Tools To assist in the development of Plug -In (name of City) campaigns, the following can be downloaded at www.pluginpartners.org: • Sample City Council and County Court resolutions • Sample "soft" fleet order form • Petition for the collection of signatures • Letters of invitation seeking participation by environmental and business groups • Plug -In logo and this Plug -In Partners brochure • Links to a variety of resources. Packet Page 26 of 93 Plug -In Partners National Campaign • www.pluginpartners.org Are PHEVs available today? There are no commercially available PHEVs today, but there are prototypes in operation. DaimlerChrysler has developed and is testing a plug-in Sprinter Van prototype with an all -electric range of 20 miles. There are also many conventional hybrids, from sedans to SUVs, that have been converted to plug -ins. Some are getting up to 60 all -electric miles per charge. Does plug-in technology work? Yes. This has been clearly demonstrated by several sedan and SUV conversions at the Hybrid Center at the University of California at Davis. A California non-profit, California Cars, modified a Prins by adding a 2.4 kWh lead -acid pack to prove that it could be done. Then, an R&D company, EnergyCS, replaced the standard 1.3 kWh battery pack with a 9 kWh battery pack. The larger battery pack was sufficient to provide half of the power needed to drive the first 60 miles each day. It's like having a second small fuel tank, only you fill this one with electricity at an equivalent cost of under $1 per gallon, depending on your car and your electric rate. You refill at home, from an ordinary 120-volt socket, with energy that's much cleaner and cheaper and not imported. What is the problem then? The cost of the batteries needed to power a PHEV a sufficient distance is considered to be the stumbling block. However, battery technology is advancing rapidly and cost is expected to decrease with mass manufacture. What distance must a commercially produced PHEV be able to achieve on the battery alone? According to EPRi (Electric Power Research institute), half the cars on U.S. roads are driven 25 miles a day or less. Consequently, a plug-in with a 25-mile all electric range could eliminate gasoline use in the daily commute of tens of millions of Americans. Furthermore drivers of PHEVs would only need to fill up with fuel a few times a year, versus the current 24-36 times a year on average. Won't PHEVs just replace air pollution from automobiles with air pollution from power plants? No. In almost every conceivable power generation mix plug - ins reduce greenhouse gases and other pollutants. Additionally, emissions would be concentrated in one location that is often away from critically -endangered air sheds. Also, it is less difficult to control emissions from a relatively few number of smokestacks rather than millions of vehicle tail pipes. And, efforts to clean up coal plants and other emissions will continue. In recent decades, many power plants have been modified to lower emissions while a number of older plants have been retired. This trend has resulted in a 25% decrease in emissions from U.S. power plants over the last 25 years. This trend is continuing so emissions will continue to get cleaner over time, meaning emissions generated from electric transportation will get cleaner over time. Furthermore, an increasing share of America's electricity is being produced by zero emission sources - wind and solar. There is a synergy between increased use of PHEVs and expanded use of wind energy. Widespread use of PHEVs in an electric system makes it easier for that system to accept more wind energy. This is because most PHEVs will be charging at night, when demand for electricity is at its lowest, and wind energy production tends to be at its highest in many parts of the country. Also, PHEV batteries can act as storage for wind energy produced at off-peak times. What about performance? Will PHEVs be slow? No. A Toyota Prius, modified with a larger plug-in battery, has essentially the same accelerating power and speed capability of a current hybrid. How much more will a PHEV cost versus a comparably sized conventional hybrid? EPRi estimates that, with mass production, the cost of a PHEV battery will add $2,000 to $3,000 to the cost of a conventional hybrid. EPRi studies project that after considering the lower costs of fuel and maintenance, a mass-produced PHEV should provide better overall economics than either a conventional hybrid or a conventional vehicle. `V% Paq��u, National Campaign Packet Page 27 of 93 Plug -In Partners National Campaign • www.pluginpartners.org Xn Par, �� Overview r Plug -In Partners National PHEV Initiative National Campaign Strategy and Philosophy Grassroots campaign Plug -In Partners is a national grass -roots initiative to demonstrate to automakers that a market for flexible -fuel Plug-in Hybrid Electric Vehicles (PHEV) exist today. The viability of this market will be demonstrated through development of rebates and incentives, "soft" fleet orders, petitions and endorsements by cities across the country. The partners envisioned in this campaign are local and state governments, utilities, and environmental, consumer and business organizations. The PHEVs targeted will consist of both Original Equipment Manufactured (OEM) vehicles and/or Qualified Vehicle Modified (QVM) vehicles. Flexible -Fuel Plug -In Hybrid Electric Vehicle (PHEV) This initiative will not target development of a specific type of vehicle, but rather generic vehicles that are capable of operating on a combination of a flexible fuel internal combustion engine and an electric motor. Battery Electric Vehicles (BEYS) are supported and encouraged, but are not the principal focus of this campaign. The City of Austin campaign (Plug -In Austin) has set a 35 miles all -electric -operating -range -standard for a PHEV rebate program it will put in place. Goals for vehicles with shorter or longer electric ranges might be necessary depending on local preferences. A 35-mile all electric operating range should cover the average commuting distance in most cities and would address the majority of the driving needs of most Americans during an average day. A flexible -fuel internal combustion engine will allow the use of bio fuels in combination with the electric grid for fueling. The combination of these two fueling sources could dramatically reduce the consumption of petroleum in the transportation sector. In summary: This campaign is not intended to be rigid on automotive design requirements. Regional and local flexibility may be necessary to garner grassroots support. This campaign promotes the manufacture of PHEVs of various types: sedan, vans, SUVs, school buses and others. It is envisioned that PHEV technology can be applied across different vehicle platforms. Campaign Deliverables The campaign envisions four deliverables as demonstration of a market: • rebates and incentives • soft fleet orders • petitions • endorsements. Visit us online at www.pluginpartners.org Packet Page 28 of 93 Rebates and Incentives Rebates and Incentives could be provided from several different sources. A primary source could be electric utilities. Austin Energy, the City of Austin's community owned electric utility, has set aside a million dollars for rebates for when PHEVs are available. Utilities are a logical source for rebates since the utility industry stands to receive substantial revenues if PHEVs achieve significant market penetration. These utility rebates could be provided to local governments for the purchase of fleet PHEVs. Part of the Austin Energy fund will be designated to City of Austin fleets to pay the additional cost of PHEVs above the cost of a regular hybrid. Rebates would also be made available to businesses and citizens. Rebates or incentives could also be solicited from businesses or organizations. An example might be for a larger business to offer an employee rebate, perhaps as a match to a utility rebate or tax incentive. Organizations such as non-profit groups or foundations could also offer grants for purchase of PHEVs, perhaps to cover the additional cost of a PHEV above a regular hybrid. These are just a few suggestions. This plan encourages innovation and flexibility in creating incentives. The tax incentives for PHEVs included in the Energy Bill should be considered when developing rebates and incentives. Rebates from any source that match tax incentives could substantially bring down marginal costs. Fleet Orders Advanced commitments for PHEVs for inclusion in future vehicle fleets are an important component of the campaign. Obviously, real fleet orders are not possible at this time, since vehicles are not available commercially and the exact specifications of the vehicles are not known. Nonetheless, "soft" fleet commitments can be made to communicate to automakers that major governmental and business fleet buyers are seriously interested in purchasing PHEVs. A governmental entity can signal that it is interested in buying sedans, van, SUVs or even special types of vehicles, such as school buses. This plan recommends that a governmental entity or a business commit to the prospective purchase of a certain number of vehicles types, at a reasonable price. For example, the City of Austin may commit to purchase 10 sedans and 5 vans (this is an example only, since the City is still in the process of determining its fleet commitment). Travis County may commit to X vans or a certain number of sedans for the Sheriff's Department. A business that has a large number of vans in its fleets could commit to 5 or 10, when they become available. Again, these are "soft" commitments until the actual vehicles become available. The Plug- In Partners campaign will track vehicle commitments as they are reported through the Plug -In Partners national web site. This will allow automakers to be presented with a "soft" order at the end of this campaign for sedans, vans, SUVs and other vehicles by specific governmental and business entities. A template "soft" fleet order form is provided with this kit. Petitions A critical component of the Plug -In Partners initiative is a petition drive through which Americans can tell automakers they are interested in purchasing vehicles that can be fueled from the electric grid. The petition being utilized in Austin is a fairly simple statement that Visit us online at www.pluginpartners.org Packet Page 29 of 93 the signer understands what plug -ins are, and that they will seriously consider buying such a vehicle if it is manufactured. Petitions are an easy way for organizations that do not have fleets or which cannot promulgate regulations, to make their voice heard in demonstrating a PHEV market among individual consumers. All partners in this campaign can participate in petition efforts. The national campaign will track signatures accumulated from programs across the country through reporting to the Plug -In Partners national web site. The petitions would be maintained at the local level, because eventually a copy could be given to local auto dealers when the vehicles become available. A template petition form is included with this kit. Endorsements Endorsements demonstrate organizational support for plug -ins. An endorsement could be in the form of a City Council or County Court resolution, a legislative resolution, a statement of support from a local or national environmental or consumer group, or from any other type of organization, interested in voicing its support. When an organization endorses the Plug -In Partners campaign, it is voicing support for the commercial production of PHEVs and the promotion of plug -ins to its membership. Endorsements should be reported to the national campaign web site where a list will be maintained, along with reported membership totals of the endorsing organizations. The production of PHEVs is widely supported by a large number of national groups — environmental and consumer — as well as groups focused on the national security and economic viability of our country. National Database The City of Austin and Austin Energy have established a national web site and database at www.plugiiipartners.org and will maintain this site throughout this initiative. Plug -In Partners are asked to report rebates and incentives, soft fleet orders, the number of signatures collected through petitions, endorsements and success stories or upcoming events relating to press conferences and community activities. This data will be managed and compiled. Summary reports will be provided quarterly and press releases issued. Automakers Frequent questions are, what are automakers saying about manufacturing PHEVs? What is their reaction to the current media reporting regarding PHEVs? Plug -In Partnerships is an effort to demonstrate a market, with the belief that automakers will mass-produce the vehicles when the market is apparent. By the end of 2006, a comprehensive report will be issued for automakers, Congress, State Legislatures and local officials. It is not our intention to attempt to negotiate a deal or promise the purchase of a certain number of vehicles. In particular, governmental entities such as municipalities cannot guarantee a purchase without a competitive bid process. Automakers are watching this activity with interest but at the moment are focused on expanding their offerings of Hybrid Electric Vehicles. We believe that a strong demonstration of consumer interest will be sufficient to encourage the auto industry to take the next step and produce PHEVs. Visit us online at www.pluginpartners.org Packet Page 30 of 93 Legislative strategy Plug -In Partners support legislation that promotes plug -ins, but is not primarily a legislative strategy. We will assist legislative efforts with references, technical testimony and other assistance as needed. We will encourage others with expertise in legislative matters to lead the effort to change regulations or pass laws that provide support for plug -ins. We also intend to keep legislative bodies informed of our activities. Visit us online at www.pluginpartners.org Packet Page 31 of 93 Local Governments Plug -In Partner National PHEV Initiative National Campaign Local governments are encouraged to initiate its own "Plug -In (Name)" Campaign. Austin kicked off Plug -In Austin (www.pluginaustiii.org) on August 22, 2005. Cities across America are invited to use the plug-in theme and any and all materials for a Plug -In (name of City/County). 1. Bring forward a resolution supporting a local "Plug -In (name of city)" campaign. A draft resolution is provided in this packet. Use what is suitable but feel free to modify the template in whatever way works best for your City, County and community. 2. Determine the components of your campaign among rebates and incentives, soft fleet orders, a signature petition drive and solicitation of endorsements from local organizations. 3. Hold a press conference to announce your PHEV initiative and your participation in the Plug -In Partners National initiative. 4. Consider establishing a soft fleet order for the future. Your "soft" commitment would be most effective if you would identify a number of sedans, vans, trucks or whatever type vehicle that best fits your fleet profile, that you would likely purchase. Since there is not a vehicle currently available for purchase at this time, it is understood that this is not a firm order. It is also recognized that local governments must go through the proper purchasing requirements and meet other public commitments. Nonetheless, your city or county or school district could signal a desire to include plug-in hybrids in their fleets by indicating they are seriously interested in purchasing such vehicles. An example might be that a city indicates it wants X sedans, X vans, and X light duty trucks that are PHEV. When you add up such a "wish list" among all the local governments and other fleet "orders", it becomes a viable market for that type of vehicle. 5. Work with your local Chambers of Commerce and large employers to promote fleet orders among larger businesses. (See Business Plug -In Partner). 6. Support a local petition drive to automakers. A template petition is provided in this packet. Feel free to modify the template to suit your local needs. Set a limited time for the petition drive, for instance 6 months or a year. Establish a small team of speakers who can make short presentations before neighborhood or civic groups and collect signatures. 7. Encourage endorsements of the Plug -In Partnerships campaign by local organizations. Neighborhood Associations, environmental groups, civic clubs and other local groups. Ask that they pass a resolution and that they encourage their members to sign Visit us online at www.pluginpartners.org Packet Page 32 of 93 a petition. A template resolution is included with this packet. If members or organizations can influence fleet purchases, ask that they do so to add additional PHEVs to the soft purchases list being compiled in your community. 8. Encourage other local governments to join the effort. Identify and work with at least two other local governments interested in launching a Plug -In Partnership campaign. 9. Provide results of the local campaign to www.pluginpartners.org , the national Plug - In Partnerships database. This would include rebate and incentive commitments, soft fleet orders, the number of signatures collected, endorsements and the number of members in each endorsing group and success stories or upcoming events related to press conferences and community activities. All reported data will be compiled with summaries provided quarterly and promoted through press releases and other avenues. 10. Support policies promoting PHEVs This may include opportunities related to legislation and other policy formulation that will promote the manufacturing of PHEVs. It could also include the enactment of local ordinances or actions to provide incentives for plug -ins. 11. Coordinate with your local utilities, businesses, environmental and non-profit organizations to ask them to become a Plug In Partner. Ask them to join you at the kick-off press conference in your community to show their partnership and support. Visit us online at www.pluginpartners.org Packet Page 33 of 93 AO �.,.o; Par N Utilities Plug -In Partner National PHEV Initiative National Campaign Utilities are encouraged to become Plug -In Partners as a strong supporter of and partner to the local governments they serve. Please consider the following actions: 1. Issue a statement of support for the Plug -In Partnership campaign. Pass a resolution or draft a letter and submit your utility as an official Plug -In Partner to be included in a national listing. 2. Consider providing funding for rebate or incentives for the purchase of an initial round of PHEVs in your community, when they become available. Some utilities may be able to provide rebates while others cannot. If funding is limited, consider narrowing the scope of what you provide, perhaps providing grants to governments or to various public organizations for fleet additions of PHEVs. Think about ways your utility could provide financial or even non -financial incentives for PHEVs. For instance, perhaps you might assist your local governments in producing printed materials for their plug-in campaigns. 3. Consider utility fleet order commitments for future years. In addition to the heavy trucks that are necessary for your utility business, there are also sedans, vans and light duty trucks. Consider a commitment to purchase a few PHEVs in each category in the future, given the availability of the product. Although the exact cost is not known, assume it will be a few thousand dollars more in cost than the current hybrids. Again, this is not a firm order, but a commitment to purchase a few vehicles given their availability and reasonable price. 4. Consider recruitment of other utilities to the Plug -In Partnerships campaign. Try to recruit at least two other utilities to join the effort. 5. Educate your employees so that they become ambassadors for the mass production of PHEVs. Support your employees signing the Plug -In Partnership petition and make petitions or a signup means available to them. 6. Add PHEVs to your speakers bureau menu and solicit opportunities with neighborhood, business and civic groups to provide information on the initiative and to collect signatures. 7. Report your plug-in related activities to www.pluginpartners.org , the national web site for the Plug -In Partners National Initiative. This includes your resolution, rebates and incentives, soft purchase commitments, signatures collected and special activities. 8. Sign on to the national campaign and allow your utility's name to be added to the list of utilities supporting the national Plug -In Partnerships campaign. There is no charge or commitment for being a partner —just a commitment to support the campaign locally and nationally. Visit us online at www.pluginpartners.org Packet Page 34 of 93 .\r► Par,4hIP.s Businesses Plug -In Partner National PHEV Initiative National Campaign Businesses can play a key role in persuading automakers to mass produce PHEVs. Please consider the following actions: 1. Endorse the Plug -In Partners campaign. Pass a resolution or write a letter and submit your organization as an official Plug -In Partner to be including in a national listing. 2. If you maintain a fleet of vehicles, consider a commitment to purchase PHEVs in the future in accordance with your needs. This is not a firm order, but it signals to automakers that there is a market for the types vehicles you use, in a plug-in version. 3. Consider matching a local or federal rebate or tax incentive to assist your employees in purchasing PHEVs when they are available. If the overall number of employees is too large, perhaps you could provided a fixed amount of funding available on a first come basis. 4. Provide information on your participation as a Plug -In Partner to your employees and information on PHEVs through internal newsletters or other means. 5. Support the petition drive. Make petitions available to your employees. 6. Recruit other business. Talk to a several other businesses and encourage them to become a Plug -In Partner. 7. Support your local government, utility, and non-profit organizations in the campaign. Issue a press release of support, detailing any actions your business will take to support the initiative. 8. Report your plug-in related activities to www.pluginpaitners.org, the national web site for the Plug -In Partners National Initiative. This includes your resolution or letter of support, rebates and incentives, soft purchase commitments, signatures collected and special activities. Visit us online at www.pluginpartners.org Packet Page 35 of 93 Non -profits Plug -In Partner National PHEV Initiative National Campaign Environmental, air quality, civic, neighborhood or other nonprofit organizations will be critical to the education of their communities regarding PHEVs and to the petition drives. Please consider the following actions: 1. Endorse the Plug -In Partners campaign. Pass a resolution and submit your organization as an official Plug -In Partner to be included in a national listing. 2. Ask your entire membership to support the campaign. Publish information on going in your newsletter and conduct periodic discussions and updates at meetings. 3. Recruit other civic organizations you work with and encourage them to become a Plug -In Partner. 4. Support the petition drive. Commit your organization to getting a certain number of signatures. Encourage your members to volunteer for the local petition drive. 5. Ask your members to take a petition to their neighborhood or church to collect signatures. 6. Support your local government, utility, and businesses in their efforts related to the campaign. 7. Write letters to your state and congressional representatives encouraging the mass production of a PHEV and encouraging policy that will assist that goal. Visit us online at www.pluginpartners.org Packet Page 36 of 93 DRAFT CITY or COUNTY RESOLUTION for PLUG-IN CAMPAIGN WHEREAS, the over -reliance of America on foreign oil has become a growing and serious threat to the economic vitality and national security interest of the United States; and WHEREAS, automobile emissions are a major contributing factor to global warming and to smog in our cities, which threaten the health of our citizens and the sustainability of our planet; and WHEREAS, the imbalance between gasoline resources and worldwide demand is escalating gasoline prices at an alarming rate and to levels that overburden commerce, hurt economic growth and cause serious hardship on our citizens; and WHEREAS, the technology exists today to build a flexible -fuel plug-in hybrid electric automobile that could reduce oil imports, fuel costs to our citizens and our economy and air emissions by dramatic margins; and WHEREAS, the City (County) of (Name) is partnering with Austin and others of the nation's largest cities, to urge automakers to mass produce plug-in hybrid vehicles for the substantial economical, environmental and strategic reasons outlined; and WHEREAS, the City (County) of (Name) is officially launching "Plug -In (Name)," a community -wide campaign to promote the mass production of plug-in hybrid vehicles; NOW, THEREFORE, BE IT RESOLVED BY THE (City/County/Organization Name): That the City (County) of (Name) joins the Plug-in Partners National Campaign; and BE IT FURTHER RESOLVED: That the (Appropriate Title — e.g., City Manager) is directed to develop a program to encourage the future purchase of flexible -fuel plug-in hybrid vehicles, including fleet orders; and BE IT FURTHER RESOLVED: That the City of (Name) makes a commitment to support local, state and federal policies that will promote flexible -fuel plug-in hybrid vehicles; and BE IT FURTHER RESOLVED: That the City of (Name) will work with the local government, education, business and environmental community to advocate for the purchase of flexible -fuel plug-in hybrid vehicles. Visit us online at www.pluginpartners.org Packet Page 37 of 93 rV% Parth�a ,n Part ���+ PHEV Community Petition National Campaign Clean, Affordable Transportation From Clean, Local Energy National Campaign SIGN THE PETITION BELOW TO TELL U.S. AUTO MAKERS TO PRODUCE PLUG-IN HYBRID VEHICLES! I urge automakers to go beyond popular hybrid vehicles and manufacture flexible fuel plug-in electric vehicles that run on electric fuel as well as gasoline or other fuels. A plug-in hybrid will provide me with the option of plugging my vehicle into an ordinary electrical outlet in order to recharge the battery, allowing me to drive on "electric fuel', reducing my need for ever more expensive gasoline and increasing my fuel efficiency up to 100 mpg or more. Plug-in hybrids will also bring significant reductions in greenhouse gases and other pollutants, and reduce dependence on imported oil. Because of these many benefits, I pledge to strongly consider purchasing a flexible fuel plug-in hybrid electric vehicle once car manufacturers make them available, even if it costs more than other vehicles. Please note, this petition will be passed on to automakers who commit to manufacture flexible fuel plug-in hybrid vehicles. E-mail addresses will remain confidential. Print Name Print Street or Email Address City Zip 2. 3. 4. 5. 6. 7. 8. 9. 10 Mail completed form to: Plug-in Austin, Austin Energy, 721 Barton Springs Road, Austin, TX 78704 or fax to: 512-322-6037. www.pluginpartners.org Visit us online at www.pluginpartners.org Packet Page 38 of 93 PHEV Fleet Order Form Clean, Affordable Transportation From Clean, Local Energy 9� Par��N 11 National Campaign We urge automakers to go beyond popular hybrid vehicles and manufacture flexible fuel plug-in hybrids that run on electric fuel as well as gasoline or other fuels. Plug-in hybrids will provide the option of plugging vehicles into an ordinary electrical outlet in order to recharge the battery, allowing our staff to drive on "electric fuel" for significant periods of time, thus reducing the need for gasoline and increasing our fuel efficiency up to 100 mpg or more. Plug-in hybrids will also bring significant reductions in greenhouse gases and other pollutants, and reduce dependence on imported oil. Because of these many benefits, we pledge to strongly consider purchasing the following plug-in electric hybrid vehicles once auto manufacturers make them available, even if it costs more than other vehicles. Please note, this petition will be passed on to automakers who commit to manufacture flexible fuel plug-in hybrid vehicles. E-mail addresses will remain confidential. Number of Vehicles Vehicle Type (Sedan, Lt. Truck, SUV, Van, School Bus, Heavy Truck Name: Title: Company: Address: Phone: Mail completed form to: Plug-in Austin, Austin Energy, 721 Barton Springs Road, Austin, TX 78704 or fax to: 512-322-6037. www.pluginpartners.org Visit us online at www.pluginpartners.org Packet Page 39 of 93 To Austin Neighborhood and Civic Groups Austin, Texas hopes to build a success story other cities will embrace toward addressing two significant problems: America's overdependence on oil imports and pollution in our cities from automobile emissions. "Plug -In Austin," is a template for a nationwide Plug -In Partners campaign to demonstrate to automakers that a market exists today for Plug -In Hybrid Electric Vehicles (PHEVs), a transportation approach that represents a practical near -term solution to our transportation energy problems. A plug-in hybrid takes the popular new gas -electric hybrid and adds a larger battery that can be plugged into a standard home electrical outlet for recharging. A plug-in battery capable of powering a vehicle 35 or more miles on battery power alone, would allow many people to drive to and from work and around town — without using any gasoline at all. Also, instead of paying the $3.00 per gallon (national average) for gasoline, an "electric" gallon of energy will cost less than $1.00. And money spent on "electric gallons of gas" will stay at home rather than go overseas. Plug-in hybrids would also significantly reduce automobile emissions, which are the largest source of smog in Austin and cities across the nation. And when the electricity is produced by renewable energy such as windgenerated power, you use pollution -free energy to deliver pollution -free transportation. I am excited about this initiative. Our Council is excited about it. This is about citizens advocating for a practical part -solution to the critical goal of energy independence. Sign us up for a short presentation to hear about "Plug -In Austin" and to give your members an opportunity to sign a petition that will go to automakers. Our goal is 10,000 signatures by December, but frankly, I would not be surprised by double or triple that number. Please contact Lisa Braithwaite at 322-6511 or feel free to email Lisa at Lisa.braithwaite@austinenergy.coin to arrange for a Plug -In Austin presentation. This is important to our community and our nation, Will Wynn Austin Mayor Chair, U.S. Conference of Mayors Energy Committee Visit us online at www.pluginpartners.org Packet Page 40 of 93 Plug -In Partners National Campaign To Mass Produce Flexible -Fuel Hybrid -Electric Vehicles (PHEVs) What is this campaign about? A grassroots national campaign led by the City of Austin to demonstrate to automakers that there is a ready market for Plug -In Hybrids. What is a Plug -In Hybrid? A PHEV combines today's new hybrid technology with added battery capacity to achieve a greater all -electric operating range. The battery pack can be recharged by plugging into an ordinary home or business outlet. When a travel range is needed that exceeds the capacity of the battery pack, the automobile operates on gasoline. Why undertake this initiative? The City of Austin believes that environmental, economic and national security drivers demand that the U.S. quickly and dramatically reduce its dependency on foreign oil. Why PHEVs? The electrification of the transportation sector is the fastest and cheapest alternative to petroleum and can incorporate new renewable energy sources such as wind -generated electricity as a transportation fuel. Plug-in hybrids represent an excellent "bridge" technology. What is the City of Austin doing? Austin has joined the Electric Power Research Institute (EPRI) and DaimlerChrysler in a national project to test the Dodge Sprinter Van, a prototype PHEV. Austin launched a Plug -In Austin grassroots campaign in August 2005 and is working to mobilize cities across the country to participate in the Plug -In Partners national campaign. The Plug -In Partners campaign will officially launch with a January 24, 2006 press conference in Washington D.C. with the participation of mayors from large cities across the country and a wide representation of interest groups. What does the Plug -In Partners Campaign involve? The Plug -In Austin campaign template includes the following components: • Utility rebates/incentives for PHEV purchasing by local governments, businesses and citizens, when vehicles are available • "Soft orders" by local governments and businesses to add PHEVs to their fleets • Endorsements in the form of resolutions or letters of support from local governments, businesses and organizations • Signatures from citizens on petitions expressing their interests in purchasing a PHEV, even if slightly more expensive than comparable conventional vehicles. How do I become a Plug -In Partner? Submit your organization's name for use as a "founding supporter" of the Plug -In Partners campaign. Participating Partners in this campaign include local governments, utilities, businesses and non -profits. To sign. up, or for additional information or Plug -In Partners materials, contact: Daryl Slusher 512-322-6210 daryl.slusher@austinenergy.com Roger Duncan 512-322-6157 roger.duncan@austinenergy.com Packet Page 41 of 93 Packet Page 42 of 93 Published: Monday, March 12, 2007 Plugging in Electric car charging By Scott Pesznecker Herald Writer to Edmonds station proposed EDMONDS - Stephen Bernheim might be the only person in Edmonds who needs an electrical outlet to recharge his car. Not for long, he said. Bernheim, a member of the city's Citizens Advisory Transportation Committee, said electric cars could someday fill as many garages as their gas -powered counterparts. He wants the city to show support for plug-in cars by installing a single electrical outlet somewhere in the downtown area. He's planning to discuss his plan at Tuesday's Edmonds City Council meeting. "My vision is that electric cars will become more popular because they use less foreign oil than all the cars that people now use," Bernheim said. "If simple electric plugs are available, it would be possible to drive electric cars from place to place and recharge them without using any gasoline." Installing an outdoor plug-in would cost about $200, Bernheim said. There are no plans to install more than one outlet. The parking lot of the Edmonds Public Safety Building would be an ideal place for a plug-in for electric cars, Mayor Gary Haakenson said. If one were installed there, the city wouldn't have to remove any parking spaces from downtown streets. "We would be ahead of our time a little bit by doing it," Haakenson said. "It's a symbolic effort, I believe." Steven Lough, president of the Seattle Electric Vehicles Association, said electric cars are becoming more popular in the region and nationwide. His group's membership rolls have nearly doubled during the past year, from about 20 to 40 active members, he said. The cost of gasoline, the ongoing war in Iraq and research on global warming appear to be steering people toward electric cars, Lough said. "It's just an awareness that everyone is coming to," he said. Bernheim bought his electric car, a Corbin Sparrow, in 2001. He can usually drive up to 30 miles per charge in his three -wheeled, one -seated car. He said he often drives his Sparrow to Everett, Seattle and Bothell. All he needs is a place to plug in. Other electric car owners might drive to Edmonds if the city provides them with an outlet, Bernheim said. "This is primarily an education and demonstration project to show people that this simple, known technology can replace thousands of gasoline powered automobiles," he said. Reporter Scott Pesznecker: 425-339-3436 or spesznecker@heraldnet. com. Packet Page 43 of 93 The Seattle Times: Jump-start a secure, clean energy future with plug-in hybrid vehicles Page 1 of 4 sealtle&imFs.coni Sunday, July I, 2007 - 12:00 AM Permission to reprint or copy this article or photo, other than personal use, must be obtained from The Seattle Times. Call 206-464-3113 or e-mail resale@seattletimes. com with your request. Guest columnists Jump-start a secure, clean energy future with plug-in hybrid vehicles By Steve Marshall and Bruce Agnew Special to The Times It was a classic "American Graffiti" moment. A Corvette had stopped at the light next to Martin Eberhard's new Tesla Roadster. The Corvette driver wanted a race. Jim Woolsey, former CIA director in the Clinton administration, was at the wheel of the Tesla, taking a test drive. He asked Eberhard, Tesla Motors' CEO, what to do, and got the answer he wanted. "Take him," said Eberhard. When the light turned green, Woolsey floored it. With a near -silent whoosh, the all -electric Tesla, capable of going from zero to 60 in four seconds, left the Corvette driver with one question when he caught up at the next light: "What is that?" Woolsey, focused on the national -security risk from our increasing dependence on imported oil, sees the all - electric, rechargeable Tesla as part of a future that replaces oil with electricity and biofuels. Such a shift would also lead to dramatic reductions in greenhouse -gas emissions. That future also includes plug-in hybrid electric vehicles (PHEVs), which Toyota, General Motors, Ford and others say they will soon produce. A regular gas -electric hybrid, such as the Prius, can get up to 50 miles per gallon. A PHEV, with a larger battery that can be recharged at night, will get over 100 mpg. And if gasoline in a PHEV is supplemented with Northwest biodiesel, the miles per gasoline gallon jump even higher. Earlier this year, the Brookings Institution reported: "To reduce oil dependence, nothing would do more good more quickly than making cars that could connect to the electric grid." Add an extension cord and the infrastructure is already in place for PHEVs. In most states there is significant unused generating capacity to recharge cars overnight. Electric utilities could become the gas stations of the future. Bruce Agnew Steve Marshall WI��Y yi'I '�4'RV racket Page 44 of 93 http:/eattletimes.nwsource.com/cgi-bin/PrintStory.pl?document id=2003768350&zsection... 7/2/2007 The Seattle Times: Jump-start a secure, clean energy future with plug-in hybrid vehicles Page 2 of 4 Overcoming technical and consumer barriers Three main reasons are given for why this future is not here now. The first is battery cost and performance. But, batteries have improved markedly, evolving from lead acid to nickel metal hydride used in the Prius, and now to advanced lithium -ion batteries. Two manufacturers just announced major improvements in lithium -ion technologies designed specifically for plug-in hybrid vehicles. The second factor is consumer acceptance. Will the car -buying public trade size and performance for energy independence and the environment? Although the Prius is the top -selling car in the Northwest, skeptics say families who need larger vehicles or drivers who want size for safety and horsepower for speed won't buy PHEVs. This is what makes the Tesla so interesting. According to Tesla's Eberhard, "It's about proving that plug-in technology can work, that electric cars do not have to be frumpy and dull." Americans may soon be able to have size and speed, and still be green. The Tesla costs over $90,000. But, as Eberhard told a U.S. Senate committee, "Almost any new technology has high cost before it can be optimized, and this is no less true for electric cars." Tesla plans a family car for $50,000 in 2009, followed by a third model that "will be more affordable still," according to Eberhard. Professor Andy Frank, the "father of plug-in vehicles," turned a GM Suburban into a plug-in hybrid that travels 60 miles on a charge and accelerates up hills like they are not even there. GM will make a hybrid Tahoe this year that improves gas mileage by 25 percent. A plug-in version could save families even more. Washington, D.C., inertia The third major reason the future is not here yet is inertia in Washington, D.C. There is strong bipartisan recognition that addiction to oil is undermining national security, increasing our trade deficit and adding greenhouse gases. Each week brings new reminders of the security risk from our reliance on oil — from civil unrest in oil -rich Nigeria to threats from Venezuela's Hugo Chavez and Iran's Mahmoud Ahmadinejad. And, as Woolsey points out, since most of the world's oil comes from the Middle East, we are financing both sides of the war on terror at the gas pump. World demand for oil is increasing, largely due to China, India and other emerging economies. With oil supplies lagging, the world price of oil has skyrocketed. Four years ago, oil was $25 a barrel; it is now over $60. If we're serious about reducing greenhouse gases, the single best place to start is to stop burning oil in our vehicles. During the 1973 Arab oil embargo, sharp discord characterized the debate over the Alaska pipeline construction between environmentalists and national -security conservatives like Sen. Henry "Scoop" Jackson. By contrast, today's "end our addiction to oil" coalition includes what Woolsey affectionately calls "tree huggers, do-gooders, sodbusters and cheap hawks." But, despite the broad consensus and statements of urgency, much needs to be done. We need immediate action in three areas to accelerate and integrate new transportation technology: federal and state agency fleet purchases to create a dependable market and to drive costs down; regional demonstration projects to work out how to make the power grid and our transportation system more efficient; and, legislation to remove roadblocks and create incentives. In short, we need to jump-start to a clean, secure energy future. a a Page 45 of 93 http:/ seatt�letimes.nwsource.com/cgi-bin/PrintStory.pl?document id=2003768350&zsection... 7/2/2007 The Seattle Times: Jump-start a secure, clean energy future with plug-in hybrid vehicles Page 3 of 4 Federal and state agency fleet purchases Federal and state governments are some of the biggest markets for vehicles, and their purchasing power can help jump-start PHEVs. King County Executive Ron Sims used Metro bus -buying power to start GM on a path to produce hybrid buses. Similarly, replacement vehicles for federal and state agency fleets could be the best way to kick off PHEV sales, providing a stable and reliable initial market that would start to drive costs down. On Jan. 24, President Bush issued an executive order that requires federal agencies to purchase plug- in vehicles "when commercially available" and with comparable life -cycle costs to standard vehicles. But, the best way to ensure these vehicles are commercially available in the first place is to start with federal fleet orders, which will drive down costs. The Boeing 707 was launched with the first order from the federal government. Commercial sales soon took off and Boeing went on to dominate the jet age. Another strategy is to define the life -cycle costs to include a concept that Jon Wellinghoff, a member of the Federal Energy Regulatory Commission, has called the "cash -back hybrid." By intelligently connecting federal fleet vehicles when parked, plug-in hybrids can supply backup services, including voltage support and peak power, to the power system. The "cash -back" payments could help make PHEVs less expensive overall than standard vehicles. Congress and the administration can put federal buying power into high gear to send the same signal as Metro bus hybrid orders sent to GM: Make these vehicles now; there are buyers for them. Regional demonstration projects Exactly how would plug -ins be recharged? How can utilities avoid new peak demands? Should drivers plug in at work or at park -and -rides? How would a "cash -back hybrid" really work? Can the existing transportation system be improved with the technology inherent in PHEVs? Could traffic congestion relief be part of a PHEV rollout? These questions and others need to be addressed sooner rather than later. Regional demonstration projects can provide answers and formulate standards to make the best of this new technology. The Northwest is well -suited for a regional pilot project. New state legislation provides some funds for a plug-in project that could help leverage federal funding from FERC and the U.S. Departments of Energy and Transportation. The Northwest has two Department of Energy national research laboratories and a history of cooperation on energy issues. Energy Northwest's board, representing over 20 utilities, unanimously supports a Northwest pilot project. There is strong regional political leadership. Creating incentives and removing barriers through legislation Some predict that Congress will do little more than protect the corn -ethanol lobby, the coal -fuel lobby and Detroit. Pending legislation to increase gas mileage has loopholes big enough for a diesel truck. Gal Luft, who spoke at the Cascadia Conference at Microsoft in May, recently said: "The only green that they are serious about in Congress right now is the one with Ben Franklin's picture on it." But there is a chance that effective legislation could pass this year. A broad bipartisan congressional coalition is pressing to add ideas from the DRIVE Act (Dependence Reduction through Innovations in acket, Page 46 of 93 http:/ seattletimes.nwsource.com/cgi-bin/PrintStory.pl?document id=2003768350&zsection... 7/2/2007 The Seattle Times: Jump-start a secure, clean energy future with plug-in hybrid vehicles Page 4 of 4 Vehicles and Energy). Sen. Maria Cantwell, D-Wash., is working to include electric transportation and plug-in hybrid pilot projects and to identify and remove barriers. U.S. Reps. Jay Inlsee, D- Bainbridge Island, and Dave Reichert, R-Auburn, have joined on a bill that would provide for regional plug-in hybrid demonstration projects, intending one in the Northwest. At the Cascadia-Microsoft conference, Cantwell and Sen. Orrin Hatch, R-Utah, said they're working with Sen. Barack Obama, D-Ill., on legislation with incentives for consumers, automakers and utilities to accelerate the day when plug-in hybrid vehicles would roll into auto showrooms. There are encouraging signs that the administration and Congress will make such legislation a bipartisan priority. It cannot happen soon enough. We need the acceleration now of a Tesla in Washington, D.C. We have the opportunity. As Eberhard would say: Take it. Steve Marshall is a senior fellow at Discovery Institute's Cascadia Center, which works on regional transportation solutions. Bruce Agnew is the center's director. Visit www. cascadiaproject. ors Copyright © 2007 The Seattle Times Company ck e 4f 93 http:/ sae'a'AlePf ne7s.nwosource.com/cgi-bin/PrintStory.pl?document id=2003768350&zsection... 7/2/2007 AM-1084 Blinking Sign Regulations City Council Committee Meetings Date: 07/10/2007 Submitted By: Duane Bowman, Development Services Time: 20 Minutes Department: Development Services Type: Committee: Community/Development Services Information Subject Title Consideration of request by a non-profit organization to waive ECDC 20.60.020, General Regulations for Permanent Signs, Subsection (E) — "No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color..." Recommendation from Mayor and Staff The existing sign regulation should not be changed. i Previous Council Action This matter was brought up under audience comment on May 15, 2007 by Roger Oliver. A copy of the minutes from that meeting are attached as Exhibit 1. Narrative Edmonds Community Development Code General regulations for permanent signs specifically prohibits blinking, flashing lights pursuant to subsection (E), which reads as follows: E. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. Electronic reader boards may have messages that change, however, moving messages are not allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not allowed. In order to waive the regulation, the City would need to pass an amendment to the sign code to allow such an exception for a non-profit business. The most likely scenario would be to create some kind of conditional use permit process. Staff does not support this idea. Setting the unsightly aesthetic issue aside, businesses complain enough about signs and this would certainly generate feelings unequal treatment not to mention more paperwork. A double standard does not now exist. The signs mentioned in the comment before the City Council comply with code and one sign even existed before annexation to the City of Edmonds. Fiscal Impact Packet Page 48 of 93 A f ao 16h nn+a Link: Exhibit 1 -Audience Comment 5/17/07 City Council Meeting Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/05/2007 01:24 PM APRV 2 Mayor Gary Haakenson 07/05/2007 01:27 PM APRV 3 Final Approval Sandy Chase 07/05/2007 02:10 PM APRV Form Started By: Duane Started On: 07/05/2007 12:09 Bowman PM Final Approval Date: 07/05/2007 Packet Page 49 of 93 Council President Pro Tem Wambolt referred to the comment that the Council should not enact ordinances the City did not intend to enforce other than via complaint. He noted this would not be a precedent as many of the City's codes were enforced on a complaint basis. When this issue first arose, he was opposed to containing cats; once he was educated, he found it the right thing to do. Mayor Pro Tem Olson asked whether there had been an increase in abandoned cats in other cities where similar ordinances had been adopted. Officer Dawson answered she would need to contact the cities; however, her experience in animal shelters did not find cats were surrendered due to changes in laws. Mayor Pro Tem Olson commented some of the opposition was not fact -based but based on supposition. She noted residents who liked to garden had no recourse against a neighbor's cat that used their garden as a litter box. This issue arose because those property owners had no way to prevent cats from trespassing on their property. She agreed it was unfortunate more laws were required, pointing out laws that have been enacted with regard to seatbelts, helmets, etc. She supported the ordinance. UPON ROLL CALL MOTION .CARRIED (5-2), MAYOR PRO TEM OLSON, COUNCIL PRESIDENT PRO TEM WAMBOLT, AND COUNCILMEMBERS ORVIS, MARIN AND MOORE IN FAVOR, AND COUNCILMEMBERS DAWSON AND PLUNKETT OPPOSED. The Ordinance rd#3645— that was adopted reads as follows: Amend ECC 5.05.050, Running at ORDINANCE NO.3645 - AMENDING THE PROVISIONS OF SECTION 5.05.050 RUNNING AT Large LARGE PROHIBITED TO DELETE THE EXCEPTIONS FOR CATS, AND REQUIRE THAT Prohibited, Delete Exception THE CUSTODY OF CAPTURED STRAY ANIMALS BE TURNED OVER TO THE ANIMAL for Cats CONTROL AUTHORITY. (Councilmember Orvis left the meeting.) 7. AUDIENCE COMMENTS Requestfor Roger Oliver, Edmonds, explained he volunteered for an organization that picked up and distributed Flashing light disability equipment, located under the Pancake House behind Petosa's Grocery. In an effort to make ocated at ETd their location more visible he asked whether a flashing green light could be placed at the end of the f Private Alley e private alley and was told it was not allowed by the building department as the sign ordinance did not allow light intensity changes less than 20 seconds in duration. If that were true, he questioned how the Westgate Chapel, Edmonds-Woodway High School, Westgate Carwash signs were allowed. He objected to what appeared to be a double standard. Chamber of Jan Vance, Executive Director, Greater Edmonds Chamber of Commerce, advised the Chamber planned c nomie to provide a monthly report to the Council to keep the Council and the public informed of the Chamber's Ec Development activities. The mission of the Chamber's Economic Development Committee was to foster a vibrant Committee .economic environment for Edmonds in the area of indust ry, service and retail business and keep abreast of legislative issues that may affect the business community. The function of the committee is to keep the Chamber informed of governmental affairs, transportation and economic development matters, propose statements that were relevant to the mission to the Chamber board, foster a vibrant economic environment for the Edmonds area, and hold a candidate forum to keep the community informed on issues. The Chamber's policy has been not to endorse or support candidates; the Chamber does endorse issues pertinent to their mission. 5nn th Aoal Dale Hoggins, Edmonds, on behalf of the Edmonds Cemetery Board, invited the Council and the public Memorial Day cremony to the 251h Annual Memorial Day Ceremony on Monday, May 28 at the Edmonds Memorial Cemetery and Columbarium. The ceremony will remember and honor the memories of all military personnel who have died serving the country during times of war and honor all veterans and gold star families. He noted the Edmonds Cemetery was the final resting place for over 400 veterans including 40 who served in either Edmonds City Council Approved Minutes May 15, 2007 Page 10 Packet Page 50 of 93 AM-1088 Discussion of Building Permit Application Timelines City Council Committee Meetings Date: 07/10/2007 Submitted By: Duane Bowman, Development Services Time: 15 Minutes Department: Development Services Type: Committee: Community/Development Services Information Subject Title Discussion of Building Permit application timelines. Recommendation from Mayor and Staff None Previous Council Action Narrative As requested, Duane Bowman, Development Services Director, will report on building permit activity and review timelines at the committee meeting. No files) attached. Fiscal Impact Attachments Form Routing/Status 1.C. Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/05/2007 03:58 PM APRV 2 Mayor Gary Haakenson 07/05/2007 04:12 PM APRV 3 Final Approval Sandy Chase 07/05/2007 04:17 PM APRV Form Started By: Duane Started On: 07/05/2007 03:54 Bowman PM Final Approval Date: 07/05/2007 Packet Page 51 of 93 AM-1081 Judicial Salary Certification for State Funding Reimbursement City Council Committee Meetings Date: 07/10/2007 Submitted By: Doug Fair, Municipal Court Time: 10 Minutes Department: Municipal Court Type: Action Committee: Finance Information Subject Title Judicial salary certification for State funding reimbursement. Recommendation from Mayor and Staff Previous Council Action Narrative Please see attached memorandum. Link: Judicial Salary Memorandum Fiscal Impact Attachments Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/04/2007 01:24 PM APRV 2 Mayor Gary Haakenson 07/05/2007 08:58 AM APRV 3 Final Approval Sandy Chase 07/05/2007 02:10 PM APRV Form Started By: Doug Started On: 07/03/2007 12:11 Fair PM Final Approval Date: 07/05/2007 2.A. Packet Page 52 of 93 Judicial Salary Memorandum When I first was appointed to serve as your judge in July, 2005, I finished out the contract that had been signed with Judge White. Judge White's original contract provided that he was an independent contractor without benefits and was set at $65,000 based on a 24 hour work week. State auditors did not agree that the judicial position was an independent contractor. As a result I negotiated an annualized salary and benefit package of $59,000 for the remainder of the term (July -December 2005). This was designed to be the rough equivalent of the previous contract, taking into account the value of the benefit package. In 2006 the City Council made the Edmonds Municipal Court Judge an elected position. This qualified the City to obtain reimbursement from the State for court improvement account funds. In order to qualify for these funds the judicial position must be paid at a pro -rated salary that equates to 95% of the salary for a district court judge. The 2006 salary for the judicial position was negotiated at $63,751 for a 22 hour work week. This was exactly 95% of the district court salary pro -rated at 55% (22 hours per week). This made the City of Edmonds eligible for court improvement account funds. On September 1, 2006, the Citizen's Commission on Salaries for Elected Officials increased the district court salary from $122,012 to $125,672 on an annualized basis. To remain eligible for the court improvement account funds (95% pro -rated salary for 2007) the contract was renegotiated to a salary of $65,664 commencing January 1, 2007. This was an increase of $1,913 from 2006. Recently the Citizen's Commission approved a large salary increase for district court judges. The salary of a district court judge will be raised to $134,242 effective September 1, 2007. On September 1, 2008 the salary will increase to $141,708. If the City wishes to continue to receive court improvement account funds then it will require an increase in the judicial salary. The pro -rated 95% salary will need to be $70,136 starting on September 1, 2007 and $74,042 starting on September 1, 2008. Please see the email correspondence at the end of the memorandum reflecting this information. In 2006 we received $3999 from the State. It is anticipated that Edmonds will receive approximately $9200 for the calendar year of 2007 if the salary is increased. Therefore the anticipated total amount received from the State will be $13,199 for 2006-2007. If the salary is not increased then the City will receive approximately $2600 during 2007 for a combined total of $6599 for 2006-2007. Assuming that the judicial salary remained constant at $59,000 for 2006-2007 and assuming that there is a salary increase as of September 1, 2007, then the total salary increases over 2006-2007 will equal $12,055. Based on these assumptions then the net financial gain to the City over 2006-2007 will be $1,144. Packet Page 53 of 93 Based on these figures it appears that it still makes fiscal sense to keep the City eligible for court improvement funds through September 1, 2008. I also believe that it is in the City's best interest to wait until next year to determine if it makes sense to increase the salary in September, 2008. The Administrative Office of the Courts estimates the City will receive $13,000 in 2008 if the City continues to raise the judicial salary. I respectfully request that we renegotiate the salary term of the contract commencing September 1, 2007 to set the annualized salary at $70,136.22 in order to keep the City eligible for court improvement account funds. Yes, in order to continue qualifying for 5454 contributions, your salary must be equivalent to 95% of a district court judges salary, or $127,520 for a full time position. If you are still funded at 55% then your salary at a minimum must be $70,136 ($134,232 x .95 x .55). Also note that another increase is required to meet the new salary effective September 1, 2008. -----Original Message ----- From: Fair, Doug [mailto:Fair@ci.edmonds.wa.us] Sent: Monday, May 21, 2007 11:02 AM To: Radwan, Ramsey Subject: RE: E2SSB 5454 Salary Contribution My salary at the city is reviewed on an annual basis with the calendar year. For the past two years this has been approved as meeting the 5454 criteria. Has that changed? Do I need to request that the city increase my salary in September? Thanks, Doug -----Original Message ----- From: Radwan, Ramsey [mailto: Ramsey. Radwan@courts.wa.gov] Sent: Thursday, May 17, 2007 2:34 PM To: pburns@auburnwa.gov; Fair, Doug; gphillips@ci.kent.wa.us; tjurado@ci.renton.wa.us; ron.mamiya@seattle.gov; james.docter@ci.bremerton.wa.us; m ichael. morga n @cityoffedera [way. com; Gillings, Fred (TAO 7 Days); mlambo@ci.kirkland.wa.us; aemery@ci.tacoma.wa.us; todell@ci.everett.wa.us; swoodard@ci.yakima.wa.us Cc: fwebster@auburnwa.gov; Ferebee, Joan; Yetter, Margaret (internet); jmcguire@ci.renton.wa.us; yolande.williams@seattle.gov; Pettus, Yvonne (internet); Cusimano, Jeri (internet); gina.palermo@cityoffederalway.com; Imorris@ci.yakima.wa.us; selsner@ci.marysville.wa.us; Jeffries, Tracy (internet); Haake, Douglas Subject: E2SSB 5454 Salary Contribution As you know, one of the two qualifying criteria for 5454 contributions is the requirement that the municipal court judge be compensated at a rate of 95-100% of a district court judges' salary. You may also know that the Citizen's Commission on Salaries for Elected Officials recently established a new salary schedule for district court judges. The new rates are: $134,232 effective September 1, 2007 and $141,708 effective September 1, 2008 The entire salary schedule can be viewed at http://www.salaries.wa.gov/documents/Final2007- 08SalarySchedule.pdf. Packet Page 54 of 93 In the next few days I will be sending a letter to your city notifying them that to continue to qualify for funding municipal court judges within their jurisdiction must be compensated at the rate noted above (95-100% of a district court judges' salary) effective September 1, 2007 with an adjustment on September 1, 2008. 1 will copy all judges within your court as well as your court administrator. Please let me know if you have any questions. Ramsey Radwan, Director Management Services Division Administrative Office of the Courts (360) 357-2406 ramsey.radwan(c�courts.wa.gov From: Radwan, Ramsey [mailto: Ramsey. Radwan@courts.wa.gov] Sent: Friday, June 15, 2007 11:00 AM To: Ferebee, Joan Subject: 2008 5454 Joan, Edmonds will receive about $13,000 in calendar year 2008. Ramsey Radwan, Director Management Services Division Administrative Office of the Courts (360) 357-2406 ramsey. radwan(a-)_cou rts.wa.gov Packet Page 55 of 93 AM-1075 2.B. SRO Interlocal Agreement with Edmonds School District City Council Committee Meetings Date: 07/10/2007 Submitted By: Debbie Smith, Police Department Submitted For: Debbie Smith Time: 10 Minutes Department: Police Department Type: Action Committee: Finance Information Subject Title School Resource Officer Interlocal Agreement with Edmonds School District. Recommendation from Mayor and Staff Recommend approval by Finance Committee and forward to full Council Consent Agenda. Previous Council Action This is an updated version of our present contract. The changes reflect salary increases based on contract. Narrative A contract has existed with the Edmonds School District to provide a school resource officer at Edmonds Woodway High School, full time, for nine months. The contract agreement is a 50% salary contribution from the district toward the salary of the officer. This contract requires periodic updating and subsequent approval. Fiscal Impact Fiscal Year: 2007-2009 Revenue: Expenditure: Fiscal Impact: Compensation. In consideration of Edmond's assignment of the Officer to the District, the District agrees to pay 50% of the Officer's base salary and benefits for the duration of the regular school year. The parties understand and acknowledge that the sums provided under this Agreement only partially fund the position of one fulltime Officer and that Edmonds reserves the right to assign the Officer outside of regular school hours to other police duties as determined in the sole discretion of Edmonds. In addition, Edmonds reserves the right to assign the Officer to other police functions in the event of an emergent need, such as civil unrest or a natural disaster. The District and Edmonds agree to negotiate compensation and costs under the Agreement for any extension beyond the original Agreement term. Attachments Link: SRO agreement Form Routing/Status Route Seq Inbox 1 Police Approved By Al Compaan Date Status 06/28/2007 10:16 AM APRV Packet Page 56 of 93 City Clerk Sandy Chase 06/28/2007 11:08 AM APRV Mayor Gary Haakenson 06/28/2007 12:56 PM APRV Final Approval Sandy Chase 06/28/2007 01:44 PM APRV Form Started By: Debbie Smith Final Approval Date: 06/28/2007 Started On: 06/28/2007 09:15 AM Packet Page 57 of 93 INTERLOCAL AGREEMENT BETWEEN THE EDMONDS SCHOOL DISTRICT And CITY OF EDMONDS for COMMUNITY -ORIENTED POLICING AGENT THIS AGREEMENT is made by and between the Edmonds School District, hereafter referred to as "District", and the City of Edmonds, a Washington State municipal corporation, hereafter referred to as "Edmonds." RECITALS A. WHEREAS, the District and Edmonds desire to cooperate pursuant to Chapter 39.34 RCW, Interlocal Cooperation Act, in order to make the most efficient use of their respective governmental powers within their jurisdiction; and B. WHEREAS, Edmonds and the District desire to establish a Community -Oriented Policing Program (hereafter referred to as "Program,") to provide security, promote safety and serve as a positive resource to the District, the participating High School that is named in this Agreement and the surrounding neighborhood; and C. WHEREAS, Edmonds is desirous to assign a uniformed Police Officer to serve as a Community -Oriented Policing Agent (hereafter referred to as "Officer") to be assigned to the High School location specified herein in order to provide safety, patrol and assist with certain related duties, in return for a rate of compensation to Edmonds that is agreed upon by the parties hereto; AGREEMENT NOW, THEREFORE, in consideration of the mutual representations and covenants contained herein, the parties agree as follows: 1. Purpose. This Agreement is intended to increase security and safety for students, staff and property at Edmonds-Woodway High School located in the District through the assignment by Edmonds of one (1) experienced commissioned Edmonds Officer to service that location at the specified rate of compensation herein; 2. Term. This Agreement shall commence on September 1, 2007 and shall expire on June 30, 2009, unless otherwise terminated under INTERLOCAL AGREEMENT - EDMONDS Packet Page 58 of 93 the provisions of this Agreement. Two additional one-year extensions are allowed. Such extensions shall occur automatically and shall not require written notice of such extension. Should either party desire not to renew for the upcoming school year, such party must provide written notice by April 1 to the other of its intent not to renew. Upon expiration of this Agreement and any extensions, all equipment furnished by Edmonds shall remain the sole property of Edmonds and any facilities, office equipment or other material support provided by the District shall remain the sole property of the District. 3. Termination. Either party may terminate this Agreement for any reason upon sixty (60) days written notice to the other party. This Agreement is subject to funding, and either party may terminate with proper written notice due to lack of funding. 4. Duties of Officer. Edmonds shall assign the Officer to the High School to promote safety and serve as a positive resource to the District and the surrounding neighborhood. The duties and responsibilities of the Officer include, but are not limited to, the following: a. Perform the duties enumerated in the Edmonds Police Officer Job Description; b. Patrol the High School and surrounding areas to identify, investigate, deter and prevent crimes, especially those incidents involving weapons, youth violence, harassment, gang involvement, drugs or similar activities; C. Act as a liaison between the High School Administrators and Edmonds; d. Establish and maintain a working rapport with the High School administration, staff and students; e. Provide school -based security during the regular school day and assist in the promotion of a safe and orderly environment at the High School. The Officer, however, shall not act as a disciplinarian. If the Officer is confronted with a non -criminal violation, such as a school rule violation, the Officer will inform the High School Administrators of the same and assist only for the purposes of providing security for school staff member(s) charged with enforcing school rules and providing testimony in a due process hearing. In INTERLOCAL AGREEMENT - EDMONDS Packet Page 59 of 93 2 the absence of a District Administrator, the Officer may refer the matter to District administration; f. Assist in mediating disputes on campus, including working with students to help solve disputes in a non- violent manner; g. Act as a resource person in the area of law enforcement education at the request of staff, speak to classes on the law, search and seizure, drugs, motor vehicle laws, etc.; and, h. Perform others duties as mutually agreed upon by the Principal of each High School and the Officer, provided that the duty is legitimately and reasonably related to the Program as described in this Agreement and is consistent with federal and state law, local ordinances, District and Edmonds policies, procedures, rules and regulations. 5. Office Space and Supplies. District shall provide the following for the Officer's use at each High School, all at the District cost: a. Private space with sufficient lighting and heat at the High School to be used by the Officer for general office purposes. b. Necessary office supplies, including but not limited to a four drawer locking cabinet, a desk, a telephone, and a computer. A portable radio for communication with High School security personnel. 6. Independent Contractor. Edmonds and the District understand and agree that Edmonds is acting as an independent contractor under the terms of this Agreement, with the following intended results: a. Control of personnel, standards of performance, discipline and other aspects of performance of the Officer shall be governed solely by Edmonds; b. All persons rendering services hereunder shall be for all purposes employees of Edmonds; INTERLOCAL AGREEMENT - EDMONDS Packet Page 60 of 93 3 C. All liabilities for salaries, wages or any other compensation shall be the responsibility of Edmonds. 7. Supervision of Officer. The Officer shall remain an employee of Edmonds and is not an employee of District. The Officer shall remain responsive to the supervision and chain of command of Edmonds. Edmonds shall be solely responsible for Officer's training, discipline or dismissal. Any allegation of improper conduct shall be referred by High School or District Administration to the Officer's immediate supervisor or directly to the Edmonds Chief of Police. 8. Scheduling of Officer. Edmonds agrees to assign an Officer to the District during the regularly scheduled school year, for the term of this Agreement. The Officer will be on the High School campus throughout the regularly scheduled school day, Monday through Friday, 7 a.m. to 3 p.m., less any scheduled vacation time, sick time, training time, court time, or any other police -related emergencies, such as civil disasters. When the Officer is not on the High School campus, the Officer will advise the High School Principal in advance of the Officer whereabouts and a number where the Officer can be reached. On scheduled workdays when school is not in session, the officer will work as assigned by Edmonds. 9. Overtime. Officer may not work any overtime without the prior approval of Edmonds. Overtime will be paid by Edmonds in accordance with Edmonds policies. The District is not responsible for any overtime costs. 10. Selection. Edmonds will select an Edmonds uniformed Officer to perform the services under this Agreement. Officer assignment vacancies likewise will be filled in accordance with this section. During the selection process Edmonds may use the following non- exclusive factors: a. Officer should be considered capable of conveying a positive police presence on the High School campus and in the community. b. Officer should have the ability to be a positive resource to the school, staff, students, parents, and residents in the surrounding neighborhood. 11. Removal. If District has cause to believe that a particular Officer is not effectively performing in accordance with this Agreement, the Superintendent or designee may recommend in INTERLOCAL AGREEMENT - EDMONDS Packet Page 61 of 93 writing to Edmonds that the Officer be removed from the Program. Within ten business days after receiving the recommendation, the Superintendent or designee will meet with the Edmonds Chief of Police or designee to discuss the recommendation. If in the opinion of the Chief or the Superintendent, or their designees, the problem cannot be resolved, then the Officer shall be removed from the Program. 12. Compensation. In consideration of Edmond's assignment of the Officer to the District, the District agrees to pay 50% of the Officer's base salary and benefits for the duration of the regular school year. The parties understand and acknowledge that the sums provided under this Agreement only partially fund the position of one fulltime Officer and that Edmonds reserves the right to assign the Officer outside of regular school hours to other police duties as determined in the sole discretion of Edmonds. In addition, Edmonds reserves the right to assign the Officer to other police functions in the event of an emergent need, such as civil unrest or a natural disaster. The District and Edmonds agree to negotiate compensation and costs under the Agreement for any extension beyond the original Agreement term. 13. Billing Period. Edmonds shall invoice the District twice a year in equal installments for the amount due. Invoices shall be delivered to the District on or before September 1 for the upcoming 4 months of service; and shall bill on or before January 1 for the remaining work to be completed during the final 6 months of service during that school year. Invoices shall be submitted in a form approved by the District, and shall specify the services to be performed, period of service and amount due. 14. Past. District shall pay Edmonds within 30 days from the date of receipt of a proper invoice. Payments to Edmonds that are later than 30 days following the date of receipt of a proper invoice shall accrue interest at the rate of 12% per annum on the balance due. All payments shall first be applied to accrued interest. 15. No Third Party Rights. The establishment of this Program and execution of this Agreement shall create no third party rights. In particular, the parties agree by establishing this Program that no past practice has been created with respect to duty assignment, the maintenance of the Program, or to otherwise limit the management discretion of Edmonds under its Collective Bargaining Agreement. This Agreement further shall not create any third party rights to the Officer or any other officer of Edmonds, to the citizens of Edmonds District, or to any other person. INTERLOCAL AGREEMENT - EDMONDS Packet Page 62 of 93 5 16.Insurance and Indemnification. The parties shall separately maintain their own appropriate liability and casualty insurance policies as they, in their sole discretion, deem appropriate. The parties further agree that no indemnification shall be provided for, except as specifically set forth below, and that the respective liability of the parties to each other and to third persons shall be deemed in accordance with the laws of the State of Washington. The District will protect, defend, indemnify, and hold harmless Edmonds, its officers, employees, or agents from any and all costs, claims, judgments or awards of damages arising out of, or in any way resulting from, negligent acts or omissions of the District, its officers, employees or agents. Edmonds will protect, defend, indemnify and hold harmless the District, its officers, employees, or agents from any and all costs, claims, judgments or awards of damages arising out of, or in any way resulting from, negligent acts or omissions of Edmonds, its officers, employees or agents. In the event of concurrent liability, the parties shall have the right of contribution in proportion to the respective liability of each party. Nothing contained in this section shall be deemed to waive immunities established pursuant to state statutes or to create third party rights or immunities. 17. District Responsibility for Safety and Security. The parties understand and agree that the District retains its legal responsibility for the safety and security of the District, its employees, students and property, and this Agreement does not alter that responsibility except as provided by paragraph 16 above. 18. Interview and Arrest Procedures. If the Officer plans to interview suspects or victims of crime, the Officer, to the extent practicable, will advise and work with the Principal to minimize disruption to the High School and other students. District employees will make parental notification of such interviews in accordance with District policies and procedures and applicable laws. The Principal or designee may request that s/he or a designee be present during the interview of a student. The presence of a District employee at an interview of a student regarding a criminal matter shall make said employee subject to subpoena as a witness thereto. In the event the Officer arrests a student at the High School, the Officer shall notify the Principal or the Principal's designee as soon thereafter as practical. In the event that the arrested student is a juvenile, Edmonds will notify the parent or legal guardian pursuant to Edmonds policies and procedures. The District may also make notification as necessary under its own policies and procedures. INTERLOCAL AGREEMENT - EDMONDS Packet Page 63 of 93 0 19. Release of Student Information. Upon request by Edmonds, the District will provide directory information relating to its students, which is permitted under District policy and state and federal law. 20. Police Reports. The Officer shall provide the District with police reports as permitted by state law and Edmonds policies and procedures. 21. Applicable Law. This Agreement shall be governed by the laws of the State of Washington. 22. Recording. This Agreement shall be filed with the Snohomish County Auditor. 23. Notice. Notices under this Agreement shall be sent to the following: EDMONDS Chief of Police 250 5th Ave North Edmonds, WA 98020 Superintendent Edmonds School District 20420 68th Ave. West Lynnwood, WA 98036 24. Entire Agreement. This Agreement is the entire agreement between parties and supersedes and merges with any prior agreements of the parties, written or oral, with respect to the Program. This Agreement shall be amended only in writing with the written consent of the parties. This Agreement shall be interpreted in order to implement its central purpose, which is the creation of the Program and the underlying understanding that only Edmonds shall direct the police functions of the Officer. INTERLOCAL AGREEMENT - EDMONDS Packet Page 64 of 93 EDMONDS SCHOOL DISTRICT Superintendent, Nick Brossoit Dated: Its: CITY OF EDMONDS By: Mayor, Gary Haakenson Dated: By: City Finance Director, Kathleen Junglov Dated: Attest as to Form By: City Attorney Dated: INTERLOCAL AGREEMENT - EDMONDS Packet Page 65 of 93 8 AM-1083 Discussion Regarding Graffiti City Council Committee Meetings Date: 07/10/2007 Submitted By: Jana Spellman, City Council Submitted For: Councilmember Deanna Dawson Department: City Council Committee: Public Safety Tnrnw► n+inn Subject Title Discussion regarding graffiti. Recommendation from Mayor and Staff Time: 20 Minutes Type: Information 3.A. Previous Council Action The Public Safety Committee discussed the issue of graffiti at the February, March and April 2007 Committee Meetings. The minutes from each meeting are attached. Narrative Attached is a draft ordinance for discussion purposes. Fiscal Impact Attachments Link: 02-13-07 Public Safety Comm Minutes Link: 03-13-07 Public Safety Comm Minutes Link: 04-10-07 Public Safety Comm Minutes Link: Draft Ordinance for Discussion (Graffiti) Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/05/2007 01:23 PM APRV 2 Mayor Gary Haakenson 07/05/2007 01:27 PM APRV 3 Final Approval Sandy Chase 07/05/2007 02:10 PM APRV Form Started By: Jana Started On: 07/05/2007 10:58 Spellman AM Final Approval Date: 07/05/2007 Packet Page 66 of 93 Minutes Public Safety Committee Meeting February 13, 2007 Committee Members Present: Councilmember Deanna Dawson, Chair Councilmember Michael Plunkett Staff Present: Chief of Police David Stern Assistant Chief of Police Al Compaan Guests: None The meeting was called to order at 1800 hours. A. Discussion regarding graffiti in the city and enacting an anti -graffiti ordinance. Chief Stern presented an overview of the issue indicating that there was evidence of two distinct types of graffiti in our community. Those being the so called art form placed by taggers and a small amount of gang related material. At the present time existing enforcement is conducted under the malicious mischief provisions of code and is adequate for the purpose. Chief Stern noted that removal of graffiti is done in part by the city and in part by property owners depending on who owns the property in question. Edmonds Community Development Code, section 20.110.030, specifies that graffiti is a nuisance on private property and must be removed by the owner; however, it does not specify a time frame. A discussion was held on several options, including adding code to make it a crime to possess, purchase or furnish implements used to produce graffiti and formalizing abatement procedures. It was agreed that a time factor needed to be added to the existing code. The committee agreed that Chair Person Dawson would look further into the legislative aspect and consult the City Attorney. The matter will then be brought back to the Public Safety Committee on March 13, 2007. Action: On February 13, 2007 the Public Safety Committee met. Discussion was held regarding enacting an anti -graffiti ordinance. It was agreed by the committee that Chair Person Dawson would look into the legislative aspect and consult the City Attorney and that a time factor needed to be added to the existing code. This item to be brought back to Public Safety Committee on March 13, 2007. B. Review of 2007 Addendum to Prisoner Detention Agreement with the City of Lynnwood. Assistant Chief Compaan discussed the 2007 addendum to the Prisoner Detention Agreement with the City of Lynnwood. This is an annual addendum that covers the costs of the Whatcom County Cooperative Prisoner Transport, which provides a daily prisoner transport service that runs between Bellingham and Seattle. This service transports prisoners between the various jails along the I-5 corridor. The proportionate cost to the City of Edmonds for 2007 is $13,067.67 and that is already budgeted in the current Police General Fund budget. Packet Page 67 of 93 Councilmembers Dawson and Plunkett agreed that this item should be placed on consent agenda with a "do pass" recommendation. Action: On February 13, 2007 the Public Safety Committee met. The committee reviewed the "2007 Addendum to Prisoner Detention Agreement with the City of Lynnwood." Councilmembers Dawson and Plunkett recommended a "do pass" with the item to be placed on the consent agenda for February 20, 2007. Meeting adjourned at 1932 hours. Packet Page 68 of 93 Minutes Public Safety Committee Meeting March 13, 2007 Committee Members Present: Councilmember Deanna Dawson, Chair Councilmember Michael Plunkett Staff Present: Chief of Police David Stern Assistant Chief of Police Al Compaan Assistant Chief of Police Gerry Gannon Guests: Mayor Gary Haakenson Bio Park, City Attorney's Office Reporter from the Beacon One audience members The meeting was called to order at 1810 hours. A. Continued discussion regarding graffiti in the city and enacting an anti -graffiti ordinance. Previously Chief Stern presented an overview of the issue indicating that there was evidence of two distinct types of graffiti in the community. Those types being the so called art form placed by taggers and a small amount of gang related material. It was noted that existing enforcement is conducted under the malicious mischief provisions of code and is adequate for the purpose. Removal of graffiti is done in part by the city and in part by property owners depending on who owns the property in question. Edmonds Community Development Code section 20.110.030 specifies that graffiti is a nuisance on private property and must be removed by the owner but does not specify a time frame. Previous discussion of several options, included adding code to make it a crime to possess, purchase or furnish implements used to produce graffiti and formalizing abatement procedures. It was agreed that a time factor needed to be added to the existing code. Chair Dawson invited Bio Park from the City Attorney's Office to present their view of legal issues involved in some of the options previously discussed. Mr. Park mentioned the use of public funds to remove graffiti on private property as a potential obstacle which could be avoided by use of monies recovered from suspects. Mr. Park also noted that for City personnel to enter private property for abatement purposes a warrant from superior court would be needed. Mr. Park also discussed the differences between burden of proof and affirmative defense issues relating to possession of graffiti implements and recommended the latter. The final issue dealt with service by certified mail in abatement cases as an acceptable method. It was determined by the Council members that a broad range of options should be presented to the full Council in a public hearing format to allow for citizen input. Chief Stern and Chair Dawson will collaborate on a presentation Packet Page 69 of 93 Action: On March 13, 2007 the Public Safety Committee met. Continued discussion was held regarding enacting an anti -graffiti ordinance. It was agreed by the committee that a broad range of options be presented to the full Council in a public hearing format to allow for citizen input. Chair Person Dawson and Police Chief David Stern will collaborate on a presentation. This item will be placed on the City Council Agenda for a public hearing on a date to be determined. Meeting adjourned at 1834 hours. Packet Page 70 of 93 Minutes Public Safety Committee Meeting April 10, 2007 Committee Members Present: Council member Deanna Dawson, Chair Council member Michael Plunkett Staff Present: Fire Chief Thomas J. Tomberg Police Chief David Stern Assistant Chief Mark Correira Guests: Mark Bailey The meeting was called to order at 1800 hours. A. Request for Qualifications — Fire Department Medical Program Director (MPD) Dr. James Mercer, a member of the Edmonds Emergency Physician's Group, and long time Medical Program Director (ALS and BLS) for the Edmonds and Lynnwood Fire Departments, has decided to step back from the MPD position he has held since 1998. Dr. Mercer began service under Medic 7, served both departments for three years after the January 1, 2003 Medic 7 dissolution, and subsequently signed individual contracts with the two fire departments to continue as MPD. After consulting with the City Attorney on a replacement process, Fire Administration seeks to publish a "Request for Qualifications - Medical Program Director" document to begin the hiring process. Dr. Mercer has agreed to serve until his successor assumes MPD duties. AC Correira reviewed the attached RFQ with Public Safety Committee members. Edmonds is working in concert with Lynnwood Fire in the hiring process although the MPD contracts are separate. The candidate selection process includes submission of qualifications, background check, and an interview panel. Committee members indicated their willingness to serve on the interview panel. Part of the hiring process requires approval of the appointee by Snohomish County MPD Dr. Ron Brown. The City Attorney will review the MPD employment contract. When a successor is chosen, the MPD employment contract will be reviewed by the Public Safety Committee prior to Council submission on the consent agenda. Committee members indicated they could be contacted for contract approval prior to a scheduled Public Safety Committee meeting. Action: After approval by the City Attorney, the Medical Program Director position RFQ will be published. B. Update on Graffiti Enforcement (Unscheduled) Council Chair Dawson gave an update on a discussion from previous meetings on the graffiti enforcement. Chair Dawson noted that she had contacted other departments and found that their legislative approach was measured as opposed to very aggressive. Chief Stern indicated that such an approach would be his recommendation to the Council as well. A target date of May 1, 2007 was agreed upon for presentation to the full Council. Packet Page 71 of 93 Action: On April 10, 2007 the Public Safety Committee met. Chair Dawson gave an update on her findings of other department approaches regarding graffiti enforcement. A target date of May 1, 2007 was agreed for presentation to the full Council. Meeting adjourned at 1817 hours. Packet Page 72 of 93 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW CHAPTER 5.60, GRAFFITI; DECLARING GRAFFITI A PUBLIC NUISANCE; PROHIBITING DEFACEMENT OF PROPERTY WITH GRAFFITI AND POSSESSION OF GRAFFITI IMPLEMENTS; IMPOSING CRIMINAL PENALTIES; REQUIRING THE REMOVAL OF GRAFFITI; ESTABLISHING AN APPEALS PROCESS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, cities are authorized under Titles 35 and 35A RCW to make and enforce by appropriate ordinances all such police and sanitary regulations as are not in conflict within state law; and WHEREAS, cities are authorized under Titles 35 and 35A RCW to declare by ordinance what shall be deemed a nuisance; and WHEREAS, cities are authorized under Chapter 7.48 RCW to abate public nuisance at the expense of the parties creating, causing, committing, or allowing the same to continue; and WHEREAS, graffiti is vandalism; and WHEREAS, the defacement of public and private property by graffiti vandals costs businesses, property owners, cities, the counties, and the State millions of dollars a year; and WHEREAS, graffiti is a visual symbol of disorder that erodes feelings of safety in and demoralizes our neighborhoods; and WHEREAS, some forms of graffiti can create a climate of intimidation, contributing to neighborhood decline; and WHEREAS, the existence of graffiti often becomes an invitation to additional crime; and WHEREAS, graffiti can result in lowered property values, business viability, and community pride; and WHEREAS, there is substantial evidence that the prompt removal of graffiti is an effective prevention strategy which discourages its return, while the failure to promptly remove graffiti increases the likelihood that more graffiti will occur on the same site and on nearby property; and {BFP667136.DOC;1/00006.900020/} - 1 - Packet Page 73 of 93 WHEREAS, public and private efforts to reduce graffiti are undermined by those few property owners who fail to cooperate in cleaning graffiti from their property despite requests from their neighbors; and WHEREAS, the failure to maintain one's property by removing graffiti to a reasonable degree and within a reasonable period of time constitutes a public nuisance for the reasons set forth above; and WHEREAS, it is necessary to take steps now to protect the public health, safety and welfare of our community against this threat; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 5.60 Graffiti is hereby adopted and added to Title 5 ECC to read as follows: Chapter 5.60 GRAFFITI Sections: 5.60.010 Declaration of policy — Findings. 5.60.020 Definitions. 5.60.030 Prohibited acts. 5.60.040 Display and storage of graffiti implements. 5.60.050 Declaration of public nuisance. 5.60.060 Notice of graffiti nuisance. 5.60.070 Appeal, abatement and cost recovery proceedings. 5.60.080 Trust fund. 5.60.090 Remedies not exclusive. 5.60.100 Severability. 5.60.010 Declaration of policy — Findings. The City Council finds that graffiti on public and private buildings, structures, and on personal property, including motor vehicles, creates a condition of blight within the City that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The City Council further finds that the presence of graffiti is inconsistent with the City's goals of maintaining property, preventing crime, and preserving aesthetic standards. Accordingly, it is the purpose of this Chapter to promote the {BFP667136.DOC;1/00006.900020/} - 2 - Packet Page 74 of 93 health, safety and welfare of the general public. No provision of this Chapter and no action taken pursuant hereto is intended to impose any duty whatsoever upon the City or any of its officers or employees. Further, nothing contained herein is intended or shall be construed as forming the basis of any liability on the part of the City, its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City, its officers, employees or agents. 5.60.020 Definitions. A. "Abate" or "abatement" means the removal, painting over, or the obscuring of graffiti from view. B. "Graffiti" means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise recognized and deemed a public nuisance. C. "Graffiti implement" means an aerosol paint container, a broad -tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other recognized, similar and comparable device capable of scarring or leaving a visible unauthorized inscription, word, figure, painting, mark or other defacement on any natural or manmade surface. A "broad -tipped" marker is any form of ink pen with a tip exceeding one -quarter (1/4) inch in width. 5.60.030 Prohibited acts. A. Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any City -owned property or, without the permission of the owner or occupant, on any non -City -owned property. B. Possession of Graffiti Implements. It shall be unlawful for any person to possess any graffiti implement, with intent to damage property or under circumstances evincing an intent to use the same in order to damage property, while in or upon any public facility, park, playground, swimming pool, school property, recreational facility, or other public building or structure owned or operated by the City or while in or within fifty (50) feet of an {BFP667136.DOC;1/00006.900020/} - 3 - Packet Page 75 of 93 underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the City. C. Furnishing to Minors. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, paint stick or graffiti stick, or etching equipment to any person under the age of eighteen (18) years without the written consent of the parents or guardian of the minor. It shall be an affirmative defense to prosecution under this subsection that the defendant made a good faith attempt to comply with the requirements of this section by requesting that a customer present photo identification, making a reasonable effort to determine the customer's age. D. Penalties. Any person violating any provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 5.50 ECC. In the case of a minor, the parent or guardian having custody of the juvenile shall be jointly and severally liable with the minor for the payment of all fines and/or restitution imposed as the result of a violation of this section, except that liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for an unemancipated minor pursuant to court order or the department of social and health services. 5.60.040 Display and storage of graffiti implements. A. Every person who owns, conducts, operates, or manages a retail commercial establishment selling aerosol paint containers, paint sticks, or broad- tipped markers shall store the containers, sticks or markers in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business. In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, or broad -tipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers in an area not accessible to the public in the regular course of business without employee assistance. B. Signage Required. Every person who operates a retail commercial establishment selling graffiti implements shall: {BFP667136.DOC;1/00006.900020/} - 4 - Packet Page 76 of 93 1. Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by 90 days in jail and/or $1,000 fine." 2. Place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Selling any aerosol paint, paint stick or graffiti stick, or etching equipment to persons less than 18 years of age is against the law and punishable by 90 days in jail and/or $1,000 fine." C. Penalties. Any person found to be in violation of the provisions of this section of this chapter shall be deemed to have committed a civil infraction as established in Chapter 7.80 RCW and for each violation shall be subject to a civil penalty of $100; provided that penalties for an additional separate violation of a like nature by the same person within a one year period shall be $250. Any person charged with a civil infraction under the provisions of this chapter shall respond to the notice of infraction in the manner set forth in Chapter 7.80 RCW. 5.60.050 Declaration of public nuisance. Graffiti is determined to be detrimental to the public health, safety and welfare and is a public nuisance. It is a visual symbol of disorder that demoralizes and erodes feelings of safety in our neighborhoods. It contributes to neighborhood decline by inviting crime and leading to a climate of intimidation in our neighborhoods. Furthermore, it lowers property value, commerce and community pride. 5.60.060 Notice of graffiti nuisance. A. When the City has reason to believe that a property within the City may be a potential graffiti nuisance property, the City shall identify the party responsible for the property and send the party an informational letter describing the nature and location of the graffiti and requesting that the graffiti be removed promptly. The letter shall explain the problems caused by the continued presence of graffiti and the need for its prompt removal, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a violation of City code that may lead to legal action to remove the graffiti at the expense of the party and may subject the party to civil penalties. The letter may {BFP667136.DOC;1/00006.900020/} - 5 - Packet Page 77 of 93 also identify any graffiti removal assistance programs available through the City, or any private graffiti removal contractors. B. If the graffiti is not removed within five (5) business days after the information letter has been sent, the City shall notify property owner and the occupant of the property, if different, or in the alternative, the building association or management company if there are multiple owners and/or occupants, in writing, by certified mail, that the property has been identified as a potential graffiti nuisance property. The notice shall be deemed served and received three (3) business days after mailing, and shall contain the following information: 1. The names and addresses of the property owners, or building owners association; 2. The street address and legal description of the property sufficient for identification of the property; 3. A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding; 4. An order to abate the graffiti within five (5) business days after receipt of the notice and that if the graffiti is not abated within that time the City will declare the property to be a public nuisance, subject to the abatement procedures herein; 5. A statement that the notice of graffiti nuisance property may be appealed to the Hearing Examiner pursuant to Chapter 20.100 ECDC by written notice to the Development Services Director within five (5) business days; and 6. A statement notifying the parties that the failure to file a timely and complete appeal will constitute a waiver of all rights to an administrative appeal. C. Written notice to the Development Services Director requesting an appeal hearing before the Hearing Examiner shall include the name of the party requesting the appeal, the address of the graffiti nuisance property, a statement indicating standing to appeal, and a concise statement as to reasons why the graffiti on the property does not constitute a public nuisance. D. Property owners, or building owners association, that fail to comply with the terms of a notice of graffiti nuisance property {BFP667136.DOC;1/00006.900020/} - 6 - Packet Page 78 of 93 shall be subject to a penalty assessed at the rate of $250.00 per day per violation. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be a violation for purposes of this Chapter. 5.60.070 Appeal, abatement and cost recovery proceedings. A. Notice of Appeal Hearing. Upon a timely written request for an appeal, the City shall provide the property owner and the occupant of the property, if different, or in the alternative, the building association or management company if there are multiple owners and or occupants, notice of the appeal hearing before the Hearing Examiner at least five (5) business days in advance of the same. Notice shall be deemed served three business days after the same is mailed to the parties by certified US mail. B. Determination of Hearing Officer. The determination of the Hearing Officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the property owner or the responsible party or their respective agents, the Hearing Officer determines that the property contains graffiti viewable from a public or quasi -public place, the Hearing Officer shall declare the same a nuisance and order the property owner, or building owners association, to abate it. Should the party fail to comply with the Hearing Officer's order within three business days, daily fines of $250.00 shall accrue until the nuisance is abated. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be a violation for purposes of this chapter. C. Abatement. The City may, pursuant to Chapter 7.48 RCW, obtain a warrant of abatement to enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Court), or such other eradication thereof as the Court determines appropriate, and shall provide the property owner, or building owners association, thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis. 5.60.080 Trust fund. The City Council hereby creates the City of Edmonds Anti -Graffiti Trust Fund. Penalties assessed against violators of this Ordinance shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The City {BFP667136.DOC;1/00006.900020/} - 7 - Packet Page 79 of 93 Council shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal, the payment of rewards for information leading to the conviction of violation of the Ordinance, the costs of administering the Ordinance, and such other public purposes as may be approved by the Council by resolution. 5.60.090 Remedies not exclusive. The remedies for violation of this chapter that are set forth in this chapter are not exclusive. 5.60.100 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. Section 2. Severability. If any section, sentence, clause or phrase of this 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 GARY HAAKENSON ATTEST/AUTHENTICATED: {BFP667136.DOC;1/00006.900020/} - g - Packet Page 80 of 93 CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {BFP667136.DOC;1/00006.900020/} - 9 - Packet Page 81 of 93 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2007, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW CHAPTER 5.60, GRAFFITI; DECLARING GRAFFITI A PUBLIC NUISANCE; PROHIBITING DEFACEMENT OF PROPERTY WITH GRAFFITI AND POSSESSION OF GRAFFITI IMPLEMENTS; IMPOSING CRIMINAL PENALTIES; REQUIRING THE REMOVAL OF GRAFFITI; ESTABLISHING AN APPEALS PROCESS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 12007. CITY CLERK, SANDRA S. CHASE {BFP667136.DOC;1/00006.900020/}- 10 - Packet Page 82 of 93 AM-1086 Judicial Salary Certification for State Funding Reimbursement City Council Committee Meetings Date: 07/10/2007 Submitted By: Sandy Chase, City Clerk's Office Submitted For: Doug Fair, Municipal Court Time: 10 Minutes Department: City Clerk's Office Type: Action Committee: Public Safety infnrmn+inn Subiect Title Judicial salary certification for State funding reimbursement. Recommendation from Mayor and Staff Previous Council Action Narrative Please see attached memorandum. Fiscal Impact A +fonhmnnia Link: Judicial Salary Memorandum Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 07/05/2007 02:17 PM APRV 2 Mayor Gary Haakenson 07/05/2007 02:18 PM APRV 3 Final Approval Sandy Chase 07/05/2007 02:20 PM APRV Form Started By: Sandy Started On: 07/05/2007 02:13 Chase PM Final Approval Date: 07/05/2007 MW Packet Page 83 of 93 Judicial Salary Memorandum When I first was appointed to serve as your judge in July, 2005, I finished out the contract that had been signed with Judge White. Judge White's original contract provided that he was an independent contractor without benefits and was set at $65,000 based on a 24 hour work week. State auditors did not agree that the judicial position was an independent contractor. As a result I negotiated an annualized salary and benefit package of $59,000 for the remainder of the term (July -December 2005). This was designed to be the rough equivalent of the previous contract, taking into account the value of the benefit package. In 2006 the City Council made the Edmonds Municipal Court Judge an elected position. This qualified the City to obtain reimbursement from the State for court improvement account funds. In order to qualify for these funds the judicial position must be paid at a pro -rated salary that equates to 95% of the salary for a district court judge. The 2006 salary for the judicial position was negotiated at $63,751 for a 22 hour work week. This was exactly 95% of the district court salary pro -rated at 55% (22 hours per week). This made the City of Edmonds eligible for court improvement account funds. On September 1, 2006, the Citizen's Commission on Salaries for Elected Officials increased the district court salary from $122,012 to $125,672 on an annualized basis. To remain eligible for the court improvement account funds (95% pro -rated salary for 2007) the contract was renegotiated to a salary of $65,664 commencing January 1, 2007. This was an increase of $1,913 from 2006. Recently the Citizen's Commission approved a large salary increase for district court judges. The salary of a district court judge will be raised to $134,242 effective September 1, 2007. On September 1, 2008 the salary will increase to $141,708. If the City wishes to continue to receive court improvement account funds then it will require an increase in the judicial salary. The pro -rated 95% salary will need to be $70,136 starting on September 1, 2007 and $74,042 starting on September 1, 2008. Please see the email correspondence at the end of the memorandum reflecting this information. In 2006 we received $3999 from the State. It is anticipated that Edmonds will receive approximately $9200 for the calendar year of 2007 if the salary is increased. Therefore the anticipated total amount received from the State will be $13,199 for 2006-2007. If the salary is not increased then the City will receive approximately $2600 during 2007 for a combined total of $6599 for 2006-2007. Assuming that the judicial salary remained constant at $59,000 for 2006-2007 and assuming that there is a salary increase as of September 1, 2007, then the total salary increases over 2006-2007 will equal $12,055. Based on these assumptions then the net financial gain to the City over 2006-2007 will be $1,144. Packet Page 84 of 93 Based on these figures it appears that it still makes fiscal sense to keep the City eligible for court improvement funds through September 1, 2008. I also believe that it is in the City's best interest to wait until next year to determine if it makes sense to increase the salary in September, 2008. The Administrative Office of the Courts estimates the City will receive $13,000 in 2008 if the City continues to raise the judicial salary. I respectfully request that we renegotiate the salary term of the contract commencing September 1, 2007 to set the annualized salary at $70,136.22 in order to keep the City eligible for court improvement account funds. Yes, in order to continue qualifying for 5454 contributions, your salary must be equivalent to 95% of a district court judges salary, or $127,520 for a full time position. If you are still funded at 55% then your salary at a minimum must be $70,136 ($134,232 x .95 x .55). Also note that another increase is required to meet the new salary effective September 1, 2008. -----Original Message ----- From: Fair, Doug [mailto:Fair@ci.edmonds.wa.us] Sent: Monday, May 21, 2007 11:02 AM To: Radwan, Ramsey Subject: RE: E2SSB 5454 Salary Contribution My salary at the city is reviewed on an annual basis with the calendar year. For the past two years this has been approved as meeting the 5454 criteria. Has that changed? Do I need to request that the city increase my salary in September? Thanks, Doug -----Original Message ----- From: Radwan, Ramsey [mailto: Ramsey. Radwan@courts.wa.gov] Sent: Thursday, May 17, 2007 2:34 PM To: pburns@auburnwa.gov; Fair, Doug; gphillips@ci.kent.wa.us; tjurado@ci.renton.wa.us; ron.mamiya@seattle.gov; james.docter@ci.bremerton.wa.us; m ichael. morga n @cityoffedera [way. com; Gillings, Fred (TAO 7 Days); mlambo@ci.kirkland.wa.us; aemery@ci.tacoma.wa.us; todell@ci.everett.wa.us; swoodard@ci.yakima.wa.us Cc: fwebster@auburnwa.gov; Ferebee, Joan; Yetter, Margaret (internet); jmcguire@ci.renton.wa.us; yolande.williams@seattle.gov; Pettus, Yvonne (internet); Cusimano, Jeri (internet); gina.palermo@cityoffederalway.com; Imorris@ci.yakima.wa.us; selsner@ci.marysville.wa.us; Jeffries, Tracy (internet); Haake, Douglas Subject: E2SSB 5454 Salary Contribution As you know, one of the two qualifying criteria for 5454 contributions is the requirement that the municipal court judge be compensated at a rate of 95-100% of a district court judges' salary. You may also know that the Citizen's Commission on Salaries for Elected Officials recently established a new salary schedule for district court judges. The new rates are: $134,232 effective September 1, 2007 and $141,708 effective September 1, 2008 The entire salary schedule can be viewed at http://www.salaries.wa.gov/documents/Final2007- 08SalarySchedule.pdf. Packet Page 85 of 93 In the next few days I will be sending a letter to your city notifying them that to continue to qualify for funding municipal court judges within their jurisdiction must be compensated at the rate noted above (95-100% of a district court judges' salary) effective September 1, 2007 with an adjustment on September 1, 2008. 1 will copy all judges within your court as well as your court administrator. Please let me know if you have any questions. Ramsey Radwan, Director Management Services Division Administrative Office of the Courts (360) 357-2406 ramsey.radwan(c�courts.wa.gov From: Radwan, Ramsey [mailto: Ramsey. Radwan@courts.wa.gov] Sent: Friday, June 15, 2007 11:00 AM To: Ferebee, Joan Subject: 2008 5454 Joan, Edmonds will receive about $13,000 in calendar year 2008. Ramsey Radwan, Director Management Services Division Administrative Office of the Courts (360) 357-2406 ramsey. radwan(a-)_cou rts.wa.gov Packet Page 86 of 93 AM-1087 3.C. Prosecutor Request for Contract Amendment City Council Committee Meetings Date: 07/10/2007 Submitted By: Sandy Chase, City Clerk's Office Submitted For: Deanna Dawson, Councilmember Time: 15 Minutes Department: City Council Type: Action Committee: Public Safety Tnfnrm atinn Subject Title Request for a contract amendment from City Prosecutor. Recommendation from Mayor and Staff Previous Council Action On May 17, 2005, the City Council approved the current contract between the City and the law firm of Zachor & Thomas, Inc. A copy of the current contract is attached as Exhibit 1. Narrative The City Prosecutor submitted the attached letter (Exhibit 2) requesting a contract amendment (fee increase). Fiscal Impact AttarhmPntc Link: Exhibit 1 - Current Prosecutor Contract Link: Exhibit 2 - Letter Requesting Fee Increase Form Routing/Status Route Seq Inbox I City Clerk 2 Mayor 3 Final Approval Form Started By: Sandy Chase Approved By Date Status Sandy Chase 07/05/2007 03:29 PM APRV Gary Haakenson 07/05/2007 03:39 PM APRV Sandy Chase 07/05/2007 03:43 PM APRV Started On: 07/05/2007 02:57 PM Final Approval Date: 07/05/2007 Packet Page 87 of 93 CONTRACT FOR PROFESSIONAL SERVICES CITY OF EDMONDS PROSECUTOR WHEREAS, the City of Edmonds has established its municipal court under provisions of Chapter 3.50 RCW in the Edmonds City Code at Chapter 2.15; and _WHEREAS, the City wishes to contract with as a skilled firm with attorneys familiar with the prosecution of criminal and infraction matters involving allegations of violation of municipal ordinances; and WHEREAS, the law firm of Zachor & Thomas, Inc., P.S. (the principals who are H. James Zachor, Jr. and Melanie S. Thomas) and its attorneys are licensed to practice law in the State of Washington with experience as prosecutors within the State of Washington and the City of Edmonds; and NOW THEREFORE, in consideration of the mutual promises and benefits to be derived, this Contract is entered into on the date specified hereafter between the City of Edmonds, a municipal corporation, (hereafter referred to as the "City") and Zachor & Thomas, Inc., P.S. (hereafter referred to as the "Prosecutor"), subject to the terms and conditions set forth below: L. Duties. The Prosecutor shall provide the following services: 1.1 Review police incident reports for determination of charging; 1.2 Maintain all current cases in an appropriate filing system; 1.3 Review and remain familiar with filed criminal misdemeanor and gross misdemeanor cases; 1.4 Interview witnesses as necessary in preparation of prosecution of cases; 1.5 Respond to discovery requests, make sentence recommendations and prepare legal memoranda, when necessary; 1.6 Prepare cases for trial, including the issuance of witness subpoenas (for service by the Police Department, when applicable), conduct evidence retrieval (with the assistance of the Police Department and other City agencies), and prepare jury instructions, as necessary; 1.7 To assist the City Attorney, when applicable, in response to Public Disclosure requests; 1.8 Represent the City at all arraignments, pretrial hearings, motion hearings and trials; 1.9 Prosecute contested code and traffic infraction violations which are scheduled on the regular criminal calendar; 1.10 Represent the City in the prosecution of drug, felony and firearm forfeitures. The continued performance of this requirement shall be reviewed after six (6) months to determine if the volume is reasonable and if additional compensation needs to be considered; Packet Page 88 of 93 1.11 Conduct legal update training at roll call for officers on a quarterly basis; 1.12 With the assistance of the Police Department, every twelve months, to review and make recommendations for update of the bail book; as needed. Printing and distribution shall be the responsibility of the City; 1.13 1 Be available to the Police Department for questions at all times, by providing appropriate telephone numbers. In addition, the Prosecutor shall make itself available every Wednesday (the regularly scheduled court dates) for two (2) hours from 12 noon until 2:00 pm to meet with Police Officers as needed. The Police Department shall provide an appropriate office within the police station, which shall have an appropriate desk, chairs, office supplies, telephone, computer, printer and e-mail access. The Prosecutor maintains a business office in the City of Edmonds and Police Officers may meet with the Prosecutors at anytime during normal business hours, without appointment; 2. Compensation. 2.1 Base Rate. The prosecutor shall receive a monthly retainer of SIX THOUSAND DOLLARS ($6,000.00) per month for performance of those duties set forth in paragraph 1 above; 2.2 Hourly Rate. All services performed outside the scope of the duties described in paragraph 1 above shall be in addition to the base rate set forth in paragraph 2.1 and shall be billed at the rate of SEVENTY FIVE DOLLARS ($75M) per hour. Additional services outside those set forth in paragraph 2.1 include representation at RALJ cases filed with the Superior Court, cases filed at the Court of Appeals, cases filed at the Supreme Court, cases filed in the Snohomish County District Court and such other activities agreed to by the City and the Prosecutor. The Prosecutor shall obtain written approval from the City prior to pursuing appeal of any matter beyond the Superior Court. 2.3 Fees Review. The schedule of fees provided for in paragraph 2.1 shall be reviewed annually by the City Council. Changes in. fees shall be first proposed by the Prosecutor to the Mayor for consideration in the preparation of the Mayoral budget.. Increases" in such fee and cost structure, if any, shall be considered by the City Council as a part of its budget process. Such changes, if any, to the fee structure and the budget process approved by the City Council shall, upon acceptance by the Prosecutor, be made a part of this Agreement. 2.4 Costs. The City shall be the sole obligor and shall pay all witness fees, expert witness fees (including but not limited to Speed Measuring Device Experts), 2 Packet Page 89 of 93 and interpreters' fees determined to be necessary by the Prosecutor in the preparation and disposition of its cases. The City shall approve all other anticipated fees, before such expense is. incurred. The City will not unreasonably delay in granting approval of such expenses. The City further agrees to hold Prosecutor harmless from such expenses and costs as set forth hereinabove. 3. Assistant Prosecutors. The City contracts with the Prosecutor for a monthly fee for prosecution services. Should the Prosecutor be absent, it shall be the responsibility of the Prosecutor to provide substitute coverage with a. properly licensed State of Washington attorney, who has been previously approved by the City through its Police Chief and City Attorney. In the event a dispute regarding approval of any individual, the City Council shall be final arbiter. If a "conflict prosecutor" is required, such "conflict prosecutor" shall be approved by the City through its Police Chief and City Attorney. In the event a dispute regarding approval of any individual, the City Council shall be final arbiter. The City shall compensate payment for the services of a "conflict prosecutor," separate from any agreement for compensation the Prosecutor may have herewith. 4. Term of Contract. The -term of this Contract shall run for three (3) years commencing from the / 'day of April 2005 through the / S'`day of April 2008. This Contract may be renewed for up to two one-year extensions without further action of the parties. Should either party.desire not to renew for that upcoming year, such party must provide written notice by the 1st day of September of the then current year to the other of its intent not to renew. 5. Termination. The attorney/client relationship is personal and involves the ability of the parties to communicate and maintain credibility. Therefore, the Prosecutor and/or the City Council, in its sole legislative discretion, reserve the right to terminate this Contract upon ninety (90) days written notice. 6. Ownership. All City of Edmonds' Files and other documents maintained by the Prosecutor shall be the files of the City of Edmonds and accessible by the City through its City Attorney or other duly authorized representative during normal business hours, subject to the Washington State Bar Association Rules of Ethics. At the request of the City, any and all .files maintained by the Prosecutor shall be tendered to the City, subject to the terms and conditions of this Contract and the Washington State Bar Association Rules of Ethics. All equipment and facilities furnished by the City shall remain the sole property of the City. Any equipment, facilities and materials provided by the Prosecutor shall remain the sole property of the Prosecutor. 7. Independent Contractor. , Prosecutor and its assistants are professionals and independent contractors, acting without direct supervision. Prosecutor waives any claim in the nature of a tax, charge, cost or employee benefit that would attach if the Prosecutor or its assistants were held to be employees of the City. Packet Page 90 of 93 8. Insurance. The Prosecutor 'shall maintain a policy of professional liability and malpractice insurance throughout the term of this Contract. 9. Indemnity. 9.1 So long as the Prosecutor is acting within the scope of this Contract and in accord with its ethical responsibilities under the provisions of the Rules of Professional Conduct established by the Washington Supreme Court, it shall be entitled to legal defense and representation as an official of the City in accord with the provisions of Chapter 2.06 ECC. Nothing herein shall be interpreted to require defense or indemnity for acts beyond the scope of this Contract, including, but not limited to, tortuous or wrongful acts committed by the Prosecutor. 9.2 Nothing herein shall be interpreted to require the Prosecutor to indemnify the City, its officers, agents or employees from loss, claim or liability arising from the negligent, wrongful or tortuous' conduct of the City, its officers, agents or employees. 9.3 Nothing herein shall be interpreted to require the City to indemnify the Prosecutor, its officers, agents or employees from loss, claim or liability arising from negligent, wrongful or tortuous conduct of the Prosecutor, its officers, agents or employees. 10. Sole Contract Between the Parties and Amendment. This Contract is the sole written Contract between the parties. Any prior written or oral understanding shall merge with this Contract. It shall be amended only by the express written consent of the parties hereto. DATED this �25"ay of -, 2005. or CITY OF EDMONDS 111 rayc6pary Haakenson ATTEST/AUTHENTICATED: City Clerk, Sandra S. Chase TO' FORM: TZ ATTORNEY W. Scott Snyder Packet Page 91 of 93 4 Zachor & Thomas, Inc., P.S. Prosecuting Attorney Sunset Building 23607- Highway 99, Suite 3D H. James Zachor, Jr. Edmonds, WA 98026 Melanie S. Thomas Dane Tel 425-778-2429 / FAX 425-778-6925 Jomel A. McNair e-mail melaniekzachorthomas.com From the Desk of Joseph D. Everett e-mail jimAzachorthomas.com Melanie S. Thomas Dane July 5, 2007 To: Mayor Haakenson City Counsil Member Deanna Dawson Acting Chief Compaan Re: Fee Proposal increase to City Prosecutor contract Effective April 1, 2005, the City of Edmonds, and our firm entered into a three-year contract to provide prosecution services. Prior to that date our office effectively took over the contract which was previously was awarded to Judge Jeffrey Goodwin. To date, our office has not proposed a fee increase to the contract. The total filings for the City have increased by 1876 cases from 2005 to 2006. There has been a dramatic increase in DUI and criminal traffic cases. According to the terms of the contract under subsection 2, paragraph 2.3, our office may request a fee increase to its base fee and hourly rate. To avoid having to revisit the base fee each year, we are proposing that an increase each year be provided for at the start of each calendar year at the same rate as the CPI % given to non -union City of Edmonds employees, but not less than 3%, whichever is greater. As you are aware, the cost of doing business, the cost of living, and the cost of maintaining good talented prosecutors increases annually. Our office is proposing an increase in our base monthly rate as well as our hourly fee. This increase will allow our office to continue to provide the best possible service to the City. In addition to contracting for criminal prosecution, our office also contracted for prosecution of the civil forfeitures. The continued performance of the forfeiture prosecution is also subject to review and a fee increase, should additional compensation be needed based on volume, is permissible under subsection 1, paragraph 1.10 of our contract. From 2004 to present, our office has reviewed, prepared, and filed numerous forfeitures for the City. Forfeiture work is a specialty practice most attorneys do not handle and are not familiar with. Forfeiture cases take additional time to prepare and expose our office to additional liability. These cases often take more time to prepare than most criminal appeals. Given the number of cases we prosecute and the steady forfeiture case load, our office is incorporating in its base fee request additional funds for the continued prosecution of forfeiture cases. In addition, we are proposing an hourly rate be billed if the forfeiture filings exceed 20 cases in a calendar year. 1 Packet Page 92 of 93 Zachor & Thomas, Inc., P.S. Prosecuting Attorney Sunset Building 23607- Highway 99, Suite 3D H. James Zachor, Jr. Edmonds, WA 98026 Melanie S. Thomas Dane Tel 425-778-2429 / FAX 425-778-6925 Jomel A. McNair e-mail melaniekzachorthomas.com From the Desk of Joseph D. Everett e-mail jim(azachorthomas.com Melanie S. Thomas Dane Concerning the increased caseload in the City of Edmonds, this may also be an appropriate time to discuss additional court time to manage court calendars. Currently we are in court once a week on Wednesdays and we have scheduled jury trial days on every other Friday. With the current court schedule, we are hard pressed to finish calendars on time, hear testimonial motions on their scheduled date and time, and often we set addition hearing days to handle the overflow in -custody cases. Whereas our office was once able to manage the calendar with one prosecutor, we now appear with two prosecutors on a regular basis to facilitate the cases in court. To assist with the caseload, our office hired Joseph Everett, a new and highly skilled prosecutor, who regularly assists our office in court. In addition, we have also hired two new staff members to assist with our caseload volume. As you may be aware, the court is in the process of going "paperless" which adds additional expenses and staff time to our office, as we are now required to print many of the documents, which were once furnished to our office by the court. Our office is open to the idea of adding court days to the week to alleviate some of the pressure of the growing caseload. We welcome the opportunity for further discussion on this issue. As a proposed figure, our office is asking for an increase from our current monthly rate of $6,000 per month, to $8,000.00 per month. In addition, we are proposing an increase in our hourly rate from $75.00 to $95.00. We are asking that the increases be backdated to June 1, 2007. Since the start of our contract, our firm has not requested a fee increase. Our office looks forward to discussing the attached fee proposal with you at a mutually convenient time. We look forward to the continued prosecution of the Cities cases. Our office strives to provide the City with the best possible prosecution services and we will continue to do so in the years to come. Very Truly Yours, Melanie Thomas Dane Prosecuting Attorney, WSBA 31564 Zachor & Thomas, Inc. P.S. 23607 Hwy 99 Ste. 3D Edmonds, WA 98026 (425) 778-2429 (phone) (425) 778-6925 (fax) 2 Packet Page 93 of 93