2008.04.08 CC Committee Meetings Agenda PacketAGENDA
City Council Committee Meetings
Council Chambers, Public Safety Complex
250 5th Avenue North, Edmonds
April 08, 2008
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 separate meeting rooms as indicated below.
1. Community Services/Development Services Committee
Meeting Room: Council Chambers
A. AM-1491
(20 Minutes)
Proposed Resolution of environmental policy and
principles.
B. AM-1495
(30 Minutes)
Discuss process for a potential bond / levy related to
purchase of a portion of the three parcels known as the
Downtown Master Plan Area - Waterfront Antique Mall,
Harbor Square and Skippers properties.
C. AM-1496
(10 Minutes)
Draft Resolution establishing the City of Edmonds
Sustainable Building Policy.
D. AM-1498
(10 Minutes)
Draft Resolution joining the Cascade Agenda Cities
Program.
2.Finance Committee
Meeting Room: Jury Meeting Room
A. AM-1497
(10 Minutes)
2008 First Budget Amending Ordinance.
B. AM-1499 City Hall first floor retail options.
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B. AM-1499
(10 Minutes)
City Hall first floor retail options.
C. AM-1493
(15 Minutes)
Stormwater Engineering Professional Services
Agreement.
3.Public Safety Committee
Meeting Room: Police Training Room
A. AM-1451
(10 Minutes)
Review of 2008 Addendum to Prisoner Detention
Agreement with City of Lynnwood.
B. AM-1454
(15 Minutes)
Discussion of proposed Ordinance requiring motorists to
turn off polluting vehicle engines while at rest for more
than three minutes at a time.
C. AM-1489
(5 Minutes)
Authorization for the Mayor to sign an Interagency
Agreement between the Washington State Patrol and the
Edmonds Fire Department.
D. AM-1494
(15 Minutes)
Red light cameras.
ADJOURN
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AM-1491 1.A.
Proposed Resolution of Environmental Policy and Principle
City Council Committee Meetings
Date:04/08/2008
Submitted By:Jana Spellman, City Council
Submitted For:Councilmember Wilson Time:20 Minutes
Department:City Council Type:Action
Committee:Community/Development Services
Information
Subject Title
Proposed Resolution of environmental policy and principles.
Recommendation from Mayor and Staff
Previous Council Action
This item came before the CS/DS Committee on March 11, 2008. The Committee recommended it
come before the full Council for discussion.
This Resolution was placed on the March 18, 2008, Council Agenda for review and active editing.
After review and editing, it was then placed on the March 25, 2008 Council Agenda for public
input. Councilmember Wilson advised that additional feedback would be presented to the
Community Services/Development Services Committee at their April 8, 2008, meeting and a final
resolution would be returned to the Council.
Exhibit 1: Updated Resolution of Environmental Principals and Policy
Exhibit 2: Edmonds City Council Minutes of March 25, 2008
Exhibit 3: Edmonds City Council Minutes of March 18, 2008
Exhibit 4: Memo from Councilmember Wilson regarding the Resolution dated March 13, 2008
Narrative
This Resolution is now before the CS/DS Committee with feedback, rework and revisions for
review and passage by the Council at a later date.
Fiscal Impact
Attachments
Link: Exh 1 Updated Draft Reso Env Prin-Pol
Link: Exh 2 3-25-08 Council Minutes
Link: Exh 3 3-18-08 Council Minutes
Link: Exh 4 Wilson Memo
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 04/03/2008 09:50 AM APRV
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2 Mayor Gary Haakenson 04/03/2008 12:22 PM APRV
3 Final Approval Sandy Chase 04/03/2008 12:24 PM APRV
Form Started By: Jana
Spellman
Started On: 04/01/2008 01:01
PM
Final Approval Date: 04/03/2008
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AM-1495 1.B.
Waterfront Antique Mall, Harbor Square and Skippers Properties
City Council Committee Meetings
Date:04/08/2008
Submitted By:Sandy Chase, City Clerk's Office Time:30 Minutes
Department:City Clerk's Office Type:Information
Committee:Community/Development Services
Information
Subject Title
Discuss process for a potential bond / levy related to purchase of a portion of the three parcels
known as the Downtown Master Plan Area - Waterfront Antique Mall, Harbor Square and Skippers
properties.
Recommendation from Mayor and Staff
Previous Council Action
Narrative
An Agenda Memo was not prepared for this item. A discussion will be held at the meeting.
Fiscal Impact
Attachments
No file(s) attached.
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 04/03/2008 12:29 PM APRV
2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV
3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV
Form Started By: Sandy
Chase
Started On: 04/03/2008 12:27
PM
Final Approval Date: 04/04/2008
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AM-1496 1.C.
Draft Resolution establishing the City of Edmonds Sustainable Building Policy.
City Council Committee Meetings
Date:04/08/2008
Submitted By:Rob Chave, Planning
Submitted For:Rob Chave Time:10 Minutes
Department:Planning Type:Action
Committee:Community/Development Services
Information
Subject Title
Draft Resolution establishing the City of Edmonds Sustainable Building Policy.
Recommendation from Mayor and Staff
Recommend full City Council adoption of the proposed Resolution.
Previous Council Action
None.
Narrative
Edmonds' U.S. Mayor’s Climate Protection Committee has recommended that the City Council
adopt the attached draft resolution establishing a City of Edmonds Sustainable Building Policy.
This policy would require the City to meet a LEED (Leadership in Energy and Environmental
Design) Silver rating on new and renovated City buildings that exceed a specified threshold.
The purpose of this policy is for the City to demonstrate its commitment to sustainable building and
to serve as an example for achieving sustainable building practices. The draft Edmonds Sustainable
Building Policy is patterned after a similar policy adopted by the City of Seattle, but has been
modified to be appropriate to the City of Edmonds. As an example, an Edmonds-specific change is
the encouragement of remodeling projects to consider life cycle costing even when a silver LEED
certification isn't required.
This resolution was developed by the Climate Committee working with City of Edmonds staff, and
all are convinced that the policy represents a desirable - and achievable - goal for the City to meet.
Fiscal Impact
Attachments
Link: Attachment 1: Draft Resolution and Policy
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 04/03/2008 02:32 PM APRV
2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV
3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV
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Form Started By: Rob
Chave
Started On: 04/03/2008 01:44
PM
Final Approval Date: 04/04/2008
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Edmonds Sustainable Building Policy Page 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDMONDS, WASHINGTON, ESTABLISHING
THE CITY OF EDMONDS SUSTAINABLE BUILDING
POLICY.
WHEREAS, in September, 2006, the City of Edmonds formally expressed
support for the Kyoto Protocol and adopted the U.S. Mayors Climate Protection
Agreement by Resolution No. 1129, and joined the International Council for Local
Environmental Initiatives (ICLEI) by Resolution No. 1130.; and
WHEREAS, Edmonds’ Citizens Committee on the U.S. Mayors Climate
Protection Agreement has developed a Sustainable Building Policy; and
WHEREAS, representatives of City departments with key involvement in
planned City construction projects have been involved in the development of the
Sustainable Building Policy; and
WHEREAS, the City desires that its buildings and facilities be models of
environmental and economic stewardship, contributing to the City’s goals of protecting,
conserving and enhancing the region’s environmental resources while setting a
community standard of sustainable building; and
WHEREAS, adopting the Sustainable Building Policy will help ensure
that new and renovated City facilities will be models of environmental stewardship; and
WHEREAS, the Sustainable Building Policy utilizes the U.S. Green
Building Council’s Leadership in Energy and Environmental Design (LEED) rating
system and the Energy Star program of the U.S. Environmental Protection Agency and
the U.S. Department of Energy, both of which provide a nationally recognized, common
language for defining building sustainability; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
The Sustainable Building Policy in Exhibit A is adopted as City policy and is hereby
endorsed by the City Council. It is the intent of the City Council that the Sustainable
Building Policy will apply to all new City-owned facilities greater than 5,000 square feet.
Renovations of existing structures that exceed 50% of the assessed value of such
buildings shall also meet this standard. The Council recognizes, however, that it may not
be feasible to immediately achieve Citywide adherence to the policy for those projects
which are already in construction phase.
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Edmonds Sustainable Building Policy Page 2
RESOLVED this ___ day of _________, 2008.
APPROVED:
__________________________________
MAYOR, GARY HAAKENSON
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTIION NO. ____
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Edmonds Sustainable Building Policy Page 3
Exhibit A
City of Edmonds
Sustainable Building Policy
Section 1: PURPOSE
The purpose of a Citywide policy on sustainable building is to demonstrate the City’s
commitment to environmental, economic, and social stewardship, to yield cost savings to
the City taxpayers through reduced operating costs, to provide healthy work
environments for staff and visitors, and to contribute to the City’s goals of protecting,
conserving, and enhancing the region’s environmental resources. Additionally, the City
hopes to set a community standard of sustainable building.
Section 2: ORGANIZATIONS AFFECTED
All City departments and offices and their contractors responsible for financing,
planning, designing, developing, constructing and managing City-owned facilities and
buildings.
Section 3: DEFINITIONS
Sustainable Building
Sustainable building integrates building materials and methods that promote
environmental quality, economic vitality, and social benefit through the design,
construction and operation of the built environment. Sustainable building merges sound,
environmentally responsible practices into one discipline that looks at the environmental,
economic and social effects of a building or built project as a whole. Sustainable design
encompasses the following broad topics: efficient management of energy and water
resources, management of material resources and waste, protection of environmental
quality, protection of health and indoor environmental quality, reinforcement of natural
systems, and integrating the design approach.
Life Cycle Cost Analysis
An inclusive approach to costing a program, facility, or group of facilities that
encompasses planning, design, construction, operation and maintenance over the useful
life of the facilities and finally any decommissioning or disassembly costs. Life Cycle
Cost Analysis looks at the net present value of design options as investments. The goal is
to achieve the highest, most cost-effective environmental performance possible over the
life of the project.
LEED Rating System
The Leadership in Energy and Environmental Design (LEED) Green Building Rating
System™ encourages and accelerates global adoption of sustainable green building and
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Edmonds Sustainable Building Policy Page 4
development practices through the creation and implementation of universally understood
and accepted tools and performance criteria. LEED is the nationally accepted benchmark
for the design, construction and operation of high performance green buildings. LEED
gives building owners and operators the tools they need to have an immediate and
measurable impact on their buildings’ performance. LEED promotes a whole-building
approach to sustainability by recognizing performance in five key areas of human and
environmental health: sustainable site development, water savings, energy efficiency,
materials selection and indoor environmental quality. There are four rating levels:
Certified, Silver, Gold, and Platinum.
Section 4: POLICY
It shall be the policy of the City of Edmonds to finance, plan, design, construct, manage,
renovate, maintain, and decommission its facilities and buildings to be sustainable. This
applies to new construction and major remodels in which the total project square footage
meets the criteria given. The US Green Building Council’s LEED (Leadership in Energy
and Environmental Design) rating system and accompanying Reference Guide shall be
used as a design and measurement tool to determine what constitutes sustainable building
by national standards. New construction of all City-owned facilities and buildings
greater than 5,000 square feet shall meet a minimum LEED Silver rating. Renovations of
existing buildings that exceed this 5,000 square foot threshold shall also meet a minimum
LEED Silver standard for all projects whose value is 50% or more of the assessed value
of the structure. Improvements to buildings that do not exceed these thresholds shall seek
to improve the building’s ability to meet LEED standards to the extent warranted by the
scope and funding available for the project without impairing the ability of the City to
maintain its buildings and facilities. In all cases, the City shall utilize budget planning and
life cycle cost analysis in all of its building and facility decisions.
Design and project management teams are encouraged to meet higher LEED rating
levels. A Mayor’s Award for achieving a higher rating will be awarded.
Section 5: PROCEDURES AND RESPONSIBILITIES
The Directors of all City Departments whose responsibilities include planning, designing,
constructing or renovating City-owned facilities shall be responsible for ensuring that
facilities and buildings comply with Section 4.
The City shall establish a Green Building Team, comprised of representatives from the
Engineering, Planning, Building and Facilities Divisions. The Green Building Team
shall be responsible for establishing and updating a LEED reference manual for helping
provide technical expertise on specific sustainable building issues on a case by case basis,
and coordinating LEED training programs within the City. The Green Building Team
shall also establish the minimum number of credits required in each of the LEED
categories applicable to City projects.
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Edmonds Sustainable Building Policy Page 5
Section 6: BUDGETING AND FINANCING
All capital construction which falls under this policy will be expected to budget to meet
at minimum the LEED Silver rating. Budget planning and life cycle cost analysis to
achieve a higher rating – such as Gold or Platinum – is encouraged.
Section 7: TRAINING
City capital project managers currently managing or likely to manage projects which fit
the criteria in Section 4 will be responsible to attend introductory LEED training and
follow-up training as needed. The City shall encourage and support appropriate staff to
receive LEED accreditations.
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AM-1498 1.D.
Draft Resolution Joining the Cascade Agenda Cities Program.
City Council Committee Meetings
Date:04/08/2008
Submitted By:Rob Chave, Planning
Submitted For:Rob Chave Time:10 Minutes
Department:Planning Type:Action
Committee:Community/Development Services
Information
Subject Title
Draft Resolution joining the Cascade Agenda Cities Program.
Recommendation from Mayor and Staff
Direct the City Attorney to prepare a resolution for consideration and adoption by the Edmonds
City Council.
Previous Council Action
None.
Narrative
Edmonds' U.S. Mayors Climate Protection Committee has recommended that the City Council
adopt a resolution joining the Cascade Agenda Cities Program. The program is voluntary and does
not cost the City to join. In order to join, the City Council must pass a resolution and designate a
staff liaison (Planning Manager Rob Chave would be the designated person). Potential benefits of
membership include education and information sharing, particularly important as cities strive to
address the community, environmental and economic impacts associated with both growth
pressures and climate change.
A sample resolution is included in Attachment 1, with information on the program contained in
Attachments 2 and 3.
Fiscal Impact
Attachments
Link: Attachment 1: Sample Resolutiion
Link: Attachment 2: Cascade Agenda Cities program summary
Link: Attachment 3: Cascade Agenda Cities brochure
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 04/03/2008 02:54 PM APRV
2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV
3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV
Form Started By: Rob Started On: 04/03/2008 02:28
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Form Started By: Rob
Chave
Started On: 04/03/2008 02:28
PM
Final Approval Date: 04/04/2008
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Cascade Agenda Cities Sample Resolution
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ________________ TO
BECOME A CASCADE AGENDA CITY
WHEREAS, the population in the Puget Sound region is expected to double in the next one
hundred (100) years on top of the already dramatic growth recently experienced, thereby
significantly impacting the growth of cities and towns, and
WHEREAS, long-term ecosystem health, economic vitality and quality of life are of
critical importance to citizens of the City, and
WHEREAS, in the face of such growth, the City can maintain and enhance the quality of
life by guiding how and where this growth will occur, and
WHEREAS, The Cascade Agenda is a 100-year collective vision for the central Puget
Sound region with the goals of conserving 1.3 million acres of working farms, forests,
and natural areas and creating vibrant and livable communities, while sustaining a strong
regional economy, and
WHEREAS, The Cascade Land Conservancy, recognizing the relationship between
making our communities spectacular enough to attract growth and the conservation of
this region’s ecosystems and working lands, has launched the “Cascade Agenda Cities
Program” to help local jurisdictions create complete, compact and connected
communities.
NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
Section 1. The City endorses the vision articulated in The Cascade Agenda as beneficial
to the City and the region as a whole.
Section 2.The City shall pursue a partnership with the Cascade Land Conservancy as a
member of the Cascade Agenda Cities Program to advance this vision within the
community.
Section 3. The City will seek to align policies and programs on community
development, housing, transportation, parks, open space, and sustainability with the
objectives of The Cascade Agenda Cities Program, striving to make the City more
complete, compact and connected.
Section 4. The City shall appoint a staff person to act as the City’s primary link with
respect to Cascade Agenda Cities related activities.
PASSED by the City Council
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APPROVED:
___________________________
COUNCIL PRESIDENT
APPROVED by the Mayor on this day
_______________________________
MAYOR
FILED on this day
ATTEST
________________________________
CITY CLERK
APPROVED AS TO FORM:
BY: _________________________________
OFFICE OF THE CITY ATTORNEY
RESOLUTION NO
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AM-1497 2.A.
2008 First Budget Amending Ordinance
City Council Committee Meetings
Date:04/08/2008
Submitted By:Kathleen Junglov, Administrative Services Time:10 Minutes
Department:Administrative Services Type:Action
Committee:Finance
Information
Subject Title
2008 First Budget Amending Ordinance.
Recommendation from Mayor and Staff
Foward ordinance to full council for approval.
Previous Council Action
Narrative
In governmental budgeting, expenditures may take place up to the amount appropriated in the
current budget. Financial activity impacting appropriation levels are brought before the Edmonds
City Council on a quarterly basis in the form of a budget amendment ordinance.
The first quarter 2008 budget amendment contains a total of 15 proposed adjustments, three of
which have previously been before Council.
General Fund requests total $103,683 of which $49,375 will be funded by a private donation and
interfund revenues. The net impact to the General Fund's ending cash is a decrease of $54,308.
Non-General Fund expenditures will increase by $7,467,600. Of this amount approximately $5.9
million is for capital projects originally budgeted for expenditure in 2007, but now being
reappropriated to 2008. Additionally, interfund transfers increased by $967,500, Debt service on
the 2007 LTGO amounted to $316,000, interfund professional services increased by $48,500 and
the storm water utility tax paid to the general fund was $108,000. These expenditures are partially
being funded by $3.375 million cash carry forward and $$1.9 million in grants. The net impact to
the Non-General Fund ending cash is a decrease of $1,164,823.
Fiscal Impact
Attachments
Link: 2008 First Budget Amending Ordinance
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 Admin Services Dan Clements 04/03/2008 02:00 PM APRV
2 City Clerk Sandy Chase 04/03/2008 02:32 PM APRV
3 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV
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4 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV
Form Started By: Kathleen
Junglov
Started On: 04/03/2008 01:49
PM
Final Approval Date: 04/04/2008
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ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCE NO. 3613 AS A RESULT OF UNANTICIPATED
TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, previous actions taken by the City Council require Interfund
Transfers and increases in appropriations; and
WHEREAS, state law requires an ordinance be adopted whenever money is
transferred from one fund to another; and
WHEREAS, the City Council has reviewed the amended budget appropriations
and information which was made available; and approves the appropriation of local, state, and
federal funds and the increase or decrease from previously approved programs within the 2008
Budget; and
WHEREAS, the applications of funds have been identified;
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 1. of Ordinance No. 3613 adopting the final budget for the
fiscal year 2008 is hereby amended to reflect the changes shown in “Exhibit A” adopted herein
by reference.
Section 2. 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
L:\PRODUCTIONDB\AGENDA\CCOUNCIL\0015_1497_2008 FIRST AMENDING ORDINANCE.DOC
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effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
APPROVED:
MAYOR, GARY HAAKENSON
ATTEST/AUTHENTICATE:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ___
W. SCOTT SNYDER, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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SUMMARY OF ORDINANCE NO. __________
of the City of Edmonds, Washington
On the ____ day of ___________, 2008, the City Council of the City of Edmonds,
passed Ordinance No. _____________. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
ORDINANCE NO. 3613 AS A RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this _____ day of ________________, 2008.
CITY CLERK, SANDRA S. CHASE
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EXHIBIT“A:” BUDGET SUMMARY BY FUND
2008 2008
FUND FUND BEGINNING REVENUE EXPENDITURES ENDING
NO. DESCRIPTION CASH CASH
001 GENERAL FUND 2,972,617 30,847,588 33,385,455 434,750
006 EMERGENCY/FINANCIAL RESERVE 1,927,600 0 0 1,927,600
009 LEOFF-MEDICAL INS. RESERVE 317,515 535,492 561,938 291,069
104 DRUG ENFORCEMENT FUND 101,130 124,500 70,035 155,595
111 STREET FUND 177,990 1,260,059 1,411,017 27,032
112 COMBINED STREET CONST/IMPROVE 694,487 2,353,047 2,820,895 226,639
113 MULTIMODAL TRANSPORTATION FD. 0 2,000,000 2,000,000 0
116 BUILDING MAINTENANCE 991,746 1,906,600 2,826,400 71,946
117 MUNICIPAL ARTS ACQUIS. FUND 167,305 65,930 77,250 155,985
118 MEMORIAL STREET TREE 16,447 600 0 17,047
120 HOTEL/MOTEL TAX REVENUE FUND 137,930 65,206 75,206 127,930
121 EMPLOYEE PARKING PERMIT FUND 72,174 18,600 18,510 72,264
122 YOUTH SCHOLARSHIP FUND 7,843 2,850 3,200 7,493
123 TOURISM PROMOTIONAL FUND/ARTS 22,176 17,483 21,800 17,859
125 PARK ACQ/IMPROVEMENT 2,005,814 1,488,808 3,388,000 106,622
126 SPECIAL CAPITAL FUND 1,084,052 2,070,000 1,816,848 1,337,204
127 GIFTS CATALOG FUND 152,269 9,700 2,600 159,369
129 SPECIAL PROJECTS FUND 11,606 373,000 384,606 0
130 CEMETERY MAINTENANCE/IMPROV 240,895 265,364 170,645 335,614
131 FIRE DONATIONS 8,289 5,838 0 14,127
132 PARKS CONSTRUCTION 0 0 0 0
211 LID FUND CONTROL 7,466 251,000 243,300 15,166
213 LID GUARANTY FUND 43,529 2,000 0 45,529
234 LTGO BOND DEBT SERVICE FUND 0 421,973 421,973 0
411 COMBINED UTILITY OPERATION 3,787,218 12,626,193 13,361,031 3,052,380
412 COMBINED UTILITY CONST/IMPROVE 4,192,887 4,569,897 8,198,000 564,784
414 CAPITAL IMPROVEMENTS RESERVE 782,459 440,887 701,218 522,128
511 EQUIPMENT RENTAL FUND 3,286,108 2,104,768 1,363,287 4,027,589
601 PARKS TRUST FUND 128,908 4,000 0 132,908
610 CEMETERY MAINTENANCE TRUST FD 384,075 60,126 0 444,201
617 FIREMEN'S PENSION FUND 271,095 103,000 113,000 261,095
623 SISTER CITY COMMISSION 16,137 21,200 23,500 13,837
Totals 24,009,767 64,015,709 73,459,714 14,565,762
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EXHIBIT “B”: BUDGET AMENDMENTS BY EXPENDITURE
ORD. NO. 2008
FUND FUND 3613 Amended
NO. DESCRIPTION 11/21/2006 Budget
001 GENERAL FUND 33,281,772 103,683 0 0 33,385,455
006 EMERGENCY/FINANCIAL RESERVE 0 0 0 0 0
009 LEOFF-MEDICAL INS. RESERVE 561,938 0 0 0 561,938
104 DRUG ENFORCEMENT FUND 70,035 0 0 0 70,035
111 STREET FUND 1,362,403 48,614 0 0 1,411,017
112 COMBINED STREET CONST/IMPROVE 2,820,895 0 0 0 2,820,895
113 MULTIMODAL TRANSPORTATION FD. 2,000,000 0 0 0 2,000,000
116 BUILDING MAINTENANCE 193,000 2,633,400 0 0 2,826,400
117 MUNICIPAL ARTS ACQUIS. FUND 77,250 0 0 0 77,250
118 MEMORIAL STREET TREE 0 0 0 0 0
120 HOTEL/MOTEL TAX REVENUE FUND 65,206 10,000 0 0 75,206
121 EMPLOYEE PARKING PERMIT FUND 18,510 0 0 0 18,510
122 YOUTH SCHOLARSHIP FUND 3,200 0 0 0 3,200
123 TOURISM PROMOTIONAL FUND/ARTS 21,800 0 0 0 21,800
125 PARK ACQ/IMPROVEMENT 3,388,000 0 0 0 3,388,000
126 SPECIAL CAPITAL FUND 869,550 947,298 0 0 1,816,848
127 GIFTS CATALOG FUND 1,600 1,000 0 0 2,600
129 SPECIAL PROJECTS FUND 0 384,606 0 0 384,606
130 CEMETERY MAINTENANCE/IMPROV 170,645 0 0 0 170,645
131 FIRE DONATIONS 0 0 0 0 0
132 PARKS CONSTRUCTION FUND 0 0 0 0 0
211 LID FUND CONTROL 243,300 0 0 0 243,300
213 LID GUARANTY FUND 0 0 0 0 0
234 LTGO BOND DEBT SERVICE FUND 421,973 0 0 0 421,973
411 COMBINED UTILITY OPERATION 13,023,174 337,857 0 0 13,361,031
412 COMBINED UTILITY CONST/IMPROVE 5,346,000 2,852,000 0 0 8,198,000
414 CAPITAL IMPROVEMENTS RESERVE 552,076 149,142 0 0 701,218
511 EQUIPMENT RENTAL FUND 1,363,287 0 0 0 1,363,287
601 PARKS TRUST FUND 0 0 0 0 0
610 CEMETERY MAINTENANCE TRUST FD 0 0 0 0 0
617 FIREMEN'S PENSION FUND 113,000 0 0 0 113,000
621 SPECIAL LIBRARY 0 0 0 0 0
623 SISTER CITY COMMISSION 23,500 0 0 0 23,500
Totals 65,992,114 7,467,600 0 0 73,459,714
5
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EXHIBIT “C”: BUDGET AMENDMENT DETAIL
Page 1 of 2
Items Previously Before Council
Spc Prj Fd - Hwy 99 Beginning Fund Balance 11,606
Spc Prj Fd - Hwy 99 Federal Grant 316,000
Spc Prj Fd - Hwy 99 Grant 57,000
Spc Prj Fd - Hwy 99 Capital Outlay 384,606
Fire Salary 113,473
Fire Overtime 12,395
Fire Holiday Buyback 5,029
Fire Benefit 18,700
Fire Salary 3,211
Fire Overtime 21
Fire Holiday Buyback 28
Fire Benefit 466
Fire Salary 36,196
Fire Overtime 3,066
Fire Holiday Buyback 1,581
Fire Benefit 5,834
General Fund Ending Fund Balance 200,000
General Fund 2007 LTGO Principal 17,365
General Fund 2007 LTGO-Interest 33,297
General Fund 2007 LTGO-Interest 10,842
General Fund Ending Fund Balance 5,090
Street Fund 2007 LTGO Principal 2,546
Street Fund 2007 LTGO-Interest 2,573
Street Fund Ending Fund Balance 5,119
REET 1 2007 LTGO Principal 14,820
REET 1 2007 LTGO-Interest 14,978
REET 1 Ending Fund Balance 29,798
Utility Fund 2007 LTGO Principal 62,434
Utility Fund 2007 LTGO-Interest 63,099
Utility Fund 2007 LTGO Principal 1,710
Utility Fund 2007 LTGO-Interest 1,728
Utility Fund 2007 LTGO Principal 1,368
Utility Fund 2007 LTGO-Interest 1,383
Utility Fund Ending Fund Balance 131,722
Utility Fund 2007 LTGO Principal 74,176
Utility Fund 2007 LTGO-Interest 74,966
Utility Fund Ending Fund Balance 149,142
Reappropriate funds from 2007 to 2008
and record receipt of additional grant funds
for expenditure in 2008.
Distribute Salary and Benefit budget based
on 2008-2010 settled contract.
Record 2007 LTGO Debt Principal and
Interest Payments.
6
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EXHIBIT “C”: BUDGET AMENDMENT DETAIL
Page 2 of 2
New Items for Council to Consider-Reappropriations
Fire Donation Fund Beginning Fund Balance 11,327
Fire Donation Fund Ending Fund Balance 11,327
Narc Fund Beginning Fund Balance 82,200
Narc Fund Transfer In-Gen Fund 54,535
Narc Fund Confiscated Funds 109,000
Narc Fund Ending Fund Balance 136,665
General Fund Ending Fund Balance 54,535
General Fund Transfers Out 54,535
Hotel/Motel Fund Beginning Fund Balance 82,662
Hotel/Motel Fund Miscellaneous 10,000
Hotel/Motel Fund Ending Fund Balance 72,662
Building Maintenance Beginning Fund Balance 713,393
Building Maintenance Sno Co CDBG 160,000
Building Maintenance Seismic Impr Grant 765,000
Building Maintenance Professional Services 88,000
Building Maintenance Repair and Maintenance 766,700
Building Maintenance Construction Projects 1,778,700
Building Maintenance Transfer In 917,500
Building Maintenance Ending Fund Balance 77,507
REET 1 Beginning Fund Balance 296,065
REET 1 IAC Grants 600,000
REET 1 Transfer Out 917,500
REET 1 Ending Fund Balance 21,435
Utility Fund Beginning Fund Balance 498,381
Utility Fund Transfer In 700,000
Utility Fund Transfer Out 700,000
Utility Fund Construction Projects 40,000
Utility Fund Ending Fund Balance 161,619
Utility Fund Beginning Fund Balance 566,119
Utility Fund Construction Projects 1,560,000
Utility Fund Ending Fund Balance 993,881
Utility Fund Beginning Fund Balance 1,988,544
Utility Fund Transfer In 650,000
Utility Fund Transfer Out 650,000
Utility Fund Ending Fund Balance 50,000
Utility Fund Construction Projects 1,252,000
Utility Fund Ending Fund Balance 86,544
Street Fund Beginning Fund Balance 143,495
Street Fund Small Equipment 32,900
Street Fund Capital Outlay 10,595
Street Fund Transfer In 100,000
General Fund Transfer Out 100,000
General Fund Ending Fund Balance 100,000
New Items for Council to Consider-Amendments
General Fund Supplies 875
General Fund Parks Donation 875
Gifts Catalog Fund Supplies 1,000
Gifts Catalog Fund WA State Grant 1,000
Fire Interfund Rental 3,753
General Fund Ending Fund Balance 3,753
Equipment Rental Ending Fund Balance 3,753
Equipment Rental Interfund Contributions 3,753
Utility Fund Stormwater Tax 107,635
Utility Fund Ending Fund Balance 107,635
Engineering Salaries 39,000
Engineering Benefits 9,500
General Fund Interfund Revenue 48,500
Utility Fund 48,500
Utility Fund Ending Fund Balance 48,500
Increase 2008 Beg Fund balance to reflect
2007 Actual Ending Cash, and reduce
General Fund Transfer In. Reappropriate
funds from 2007 for expenditure in 2008.
Reduce 2008 Beginning Fund balance to
reflect 2007 Actual Ending Cash.
Increase 2008 Beg Fund balance to reflect
2007 Actual Ending Cash. Reappropriate
funds from 2007 for expenditure in 2008.
Increase 2008 Beg Fund balance to reflect
2007 Actual Ending Cash. Reappropriate
funds from 2007 for expenditure in 2008.
Record Stormwater utility tax payment to
General Fund.
Record addition of Utility Engineer
position to be entirely funded by the Utility
Fund
Increase 2008 Beginning Fund balance to
reflect 2007 Actual Ending Cash. Record
receipt of large seizure funds and remove
transfer in from General Fund
Hubbard Family Foundation Grant to
Discovery Pgm to purchase treasure boxes.
Dept of Veterans Affairs Grant to purchase
memorial bench to honor veterans.
Increase 2008 Beg Fund balance to reflect
2007 Actual Ending Cash and record
transfer from REET fund. Reappropriate
funds from 2007 for expenditure in 2008.
Increase 2008 Beg Fund balance to reflect
2007 Actual Ending Cash, record Grant
Revenue, and transfer to Building
Maintenance Fund.
Provide replacement funds for SCBA
compressor - 10 Year life, Estimated
$50,000 replacement cost
7
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AM-1499 2.B.
City Hall First Floor Retail Options
City Council Committee Meetings
Date:04/08/2008
Submitted By:Jana Spellman, City Council
Submitted For:Councilmember Orvis Time:10 Minutes
Department:City Council Type:Information
Committee:Finance
Information
Subject Title
City Hall first floor retail options.
Recommendation from Mayor and Staff
N/A
Previous Council Action
N/A
Narrative
Councilmember Orvis asked that this item be placed on the Finance Committee for discussion.
Fiscal Impact
Attachments
No file(s) attached.
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 04/03/2008 03:07 PM APRV
2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV
3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV
Form Started By: Jana
Spellman
Started On: 04/03/2008 02:58
PM
Final Approval Date: 04/04/2008
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AM-1493 2.C.
Stormwater Engineering Professional Services Agreement
City Council Committee Meetings
Date:04/08/2008
Submitted By:Dave Gebert, Engineering Time:15 Minutes
Department:Engineering Type:Action
Committee:Finance
Information
Subject Title
Stormwater Engineering Professional Services Agreement.
Recommendation from Mayor and Staff
Staff is seeking Finance Committee concurrence to negotiate a Professional Services Agreement
with Brown and Caldwell to provide interim stormwater engineering services.
Previous Council Action
N/A
Narrative
The City Stormwater Engineer resigned in January 2008. We have been recruiting unsuccessfully
since then to fill the position. Without a Stormwater Engineer, the Assistant City Engineer, Don
Fiene, has been performing the most urgent and essential duties of the Stormwater Engineer.
Mr. Fiene has now resigned, effective April 18, 2008, to accept a position with Brown and
Caldwell, a professional engineering consulting firm. With Don’s departure, the City will have no
qualified Stormwater Engineer on staff. Of particular concern is that we will have no in-house
expertise to perform stormwater reviews of private development permit applications and to respond
to citizen and developer questions and concerns regarding development requirements pertaining to
stormwater issues.
Therefore, the City has an urgent need to hire an engineering consultant to provide interim
stormwater engineering services for a short term period, estimated to be approximately 3 to 6
months, until we can fill the vacant Stormwater Engineer position. It is estimated that these
services will be required approximately 16 hours per week to perform recurring stormwater
requirements until the City Stormwater Engineer position can be filled. During this time, only the
bare essential, most urgent and time-sensitive stormwater requirements will be performed. Capital
project designs and other, less urgent tasks will be deferred.
Following established City procedures for selecting engineering consultants, a selection panel was
appointed and selected Brown and Caldwell. With Don Fiene on their staff, Brown and Caldwell is
clearly the best qualified and, realistically, the only firm qualified to immediately step in and be
sufficiently knowledgeable of City codes, engineering standards and development procedures and
requirements to meet our needs without a steep learning curve to overcome. It is anticipated that,
initially, Don Fiene would be the Brown and Caldwell engineer to provide the needed stormwater
engineering services. However, within a reasonable period of time (several weeks), it is expected
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that Brown and Caldwell will be able to provide much of the needed services by other engineers on
their staff, with guidance from Don Fiene.
This arrangement for Don Fiene to provide interim stormwater engineering services to the City in
his new capacity with Brown and Caldwell has been reviewed by the City Attorney for potential
conflict of interest. The City Attorney advises that no State statute prohibits a city from contracting
with a professional services firm which employs a former city employee. However, Staff is aware
of Council’s concerns regarding the appearance of conflict or impropriety.
Staff has considered other options to provide interim stormwater engineering services, including
temporary employment agencies, other engineering consultants with existing City on-call contracts,
and hiring a qualified engineering firm other than Brown and Caldwell. Staff has concluded that
hiring Brown and Caldwell is the only realistic option to immediately maintain the necessary
continuity in providing the essential stormwater engineering without a major learning curve to
overcome and the associated degradation of responsiveness to developers and citizens of Edmonds
Edmonds.
Staff recommends negotiation of a professional services agreement with Brown and Caldwell. If
the Committee concurs, Staff will proceed accordingly to prepare a contract to present to the full
Council for approval.
Fiscal Impact
Attachments
No file(s) attached.
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 Development Services Duane Bowman 04/03/2008 07:17 AM APRV
2 Public Works Noel Miller 04/03/2008 07:49 AM APRV
3 City Clerk Sandy Chase 04/03/2008 08:15 AM APRV
4 Mayor Gary Haakenson 04/03/2008 12:22 PM APRV
5 Final Approval Sandy Chase 04/03/2008 12:24 PM APRV
Form Started By: Dave Gebert Started On: 04/03/2008 05:35
AM
Final Approval Date: 04/03/2008
Packet Page 45 of 63
AM-1451 3.A.
Prisoner Detention Agreement Addendum
City Council Committee Meetings
Date:04/08/2008
Submitted By:Debbie Smith, Police Department Time:10 Minutes
Department:Police Department Type:Action
Committee:Public Safety
Information
Subject Title
Review of 2008 Addendum to Prisoner Detention Agreement with City of Lynnwood.
Recommendation from Mayor and Staff
Approve for Consent Agenda, authorizing the Mayor to sign the contract addendum.
Previous Council Action
Narrative
The City of Lynnwood and the City of Edmonds originally signed a Prisoner Detention Agreement
on May 2, 1994. The agreement sets forth the terms and conditions of our utilization of Lynnwood
jail services. Since that time, there have been several addenda to the agreement regarding
remuneration issues.
Lynnwood has presented us with an addendum (received March 10, 2008), essentially effective
January 1, 2008, covering our portion of the Whatcom County cooperative prisoner transport
service. Our share of the fee for 2008 is $14,449.66. Our fee for 2007 was $13,067.67.
Whatcom County provides daily prisoner transportation service along the I-5 corridor from
Bellingham to Seattle. The total costs of Whatcom County's NW Minichain are divided
proportionately among participating agencies based on the number of prisoners transported. This is
a "pass through" amount charged to Lynnwood and then billed to us by Lynnwood.
Funds are already allocated in the approved 2007-2008 budget in Police (general fund) prisoner
care.
All other terms and conditions of the Prisoner Detention Agreement with the City of Lynnwood
remain unchanged.
Fiscal Impact
Attachments
Link: 2008 prisoner agmt
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 03/26/2008 09:08 AM APRV
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2 Mayor Gary Haakenson 03/26/2008 10:49 AM APRV
3 Final Approval Sandy Chase 03/26/2008 01:59 PM APRV
Form Started By: Debbie
Smith
Started On: 03/11/2008 11:38
AM
Final Approval Date: 03/26/2008
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AM-1454 3.B.
Ordinance Requiring Motorists To Turn Off Polluting Vehicle Engines
City Council Committee Meetings
Date:04/08/2008
Submitted By:Jana Spellman, City Council
Submitted For:Councilmember Bernheim Time:15 Minutes
Department:City Council Type:Information
Committee:Public Safety
Information
Subject Title
Discussion of proposed Ordinance requiring motorists to turn off polluting vehicle engines while at
rest for more than three minutes at a time.
Recommendation from Mayor and Staff
N/A
Previous Council Action
N/A
Narrative
Councilmember Bernheim asked that this item be placed on the April 8, 2008, Public Safety
Committee Agenda.
Exhibit 1 Bernheim Proposed Ordinance re Anti-idling.
Fiscal Impact
Attachments
Link: Exh 1 Bernheim Anti-Idling Ord.
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 03/26/2008 09:08 AM APRV
2 Mayor Gary Haakenson 03/26/2008 10:49 AM APRV
3 Final Approval Sandy Chase 03/26/2008 01:59 PM APRV
Form Started By: Jana
Spellman
Started On: 03/12/2008 07:39
AM
Final Approval Date: 03/26/2008
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AM-1489 3.C.
Interagency Agreement with the Washington State Patrol
City Council Committee Meetings
Date:04/08/2008
Submitted By:Tom Tomberg, Fire Time:5 Minutes
Department:Fire Type:Action
Committee:Public Safety
Information
Subject Title
Authorization for the Mayor to sign an Interagency Agreement between the Washington State
Patrol and the Edmonds Fire Department.
Recommendation from Mayor and Staff
Forward to the Council Consent Agenda with a recommendation to approve.
Previous Council Action
None. Previous interagency agreements were signed by the Fire Chief.
Narrative
The five-year, interagency agreement renewal allows the City/Fire Department to be reimbursed for
allowable costs when Department assets are mobilized in accordance with the Washington State
Fire Resource Mobilization Plan to protect life and property in response to a local or out-of-area
emergency incident. Response is voluntary.
The Department last voluntarily participated in a mobilization during the 2001 Icicle Creek Fire
near Leavenworth. The Department incurred approximately $32,000 in labor, apparatus, and fuel
costs and was reimbursed just over that amount by the state.
The interagency agreement is a standard document prepared by the State Attorney General 's
Office and is in use throughout the state. The City Attorney's Office approved the agreement as to
form.
Fiscal Impact
Fiscal Year: Revenue: Expenditure:
Fiscal Impact:
None.
Attachments
Link: WSP Interagency Agreement
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 04/01/2008 08:11 AM APRV
2 Mayor Gary Haakenson 04/01/2008 11:50 AM APRV
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2 Mayor Gary Haakenson 04/01/2008 11:50 AM APRV
3 Final Approval Sandy Chase 04/02/2008 02:45 PM APRV
Form Started By: Tom
Tomberg
Started On: 03/28/2008 02:55
PM
Final Approval Date: 04/02/2008
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AM-1494 3.D.
Red Light Cameras
City Council Committee Meetings
Date:04/08/2008
Submitted By:Gerry Gannon, Police Department
Submitted For:Al Compaan Time:15 Minutes
Department:Police Department Type:Action
Committee:Public Safety
Information
Subject Title
Red light cameras.
Recommendation from Mayor and Staff
Recommend approval of the agreement between the City and ATS to move forward with the
intersection surveys. Recommend that this item is moved to the consent agenda and authorize the
Mayor to sign the agreement.
Previous Council Action
None
Narrative
The City is interested in implementation of the red light cameras to reduce the severity of injuries
at intersection collisions. Studies in Seattle and other jurisdictions have shown that red light
cameras in fact do reduce the severity of injuries. The attached contract allows ATS to conduct
surveys of intersections that may need red light cameras to address safety issues. The traffic
engineer will provide the information to ATS for the intersections the city believes will best be
served by the cameras.
Unless the analysis indicates specific problems with individuals running red lights, the company
will not recommend implementation. If implementation is recommended and the city does not
proceed, a five hundred dollar per intersection approach cost will be levied by the company.
The contract was reviewed by Mr. Park of Ogden Murphy Wallace P.L.L.C.
Fiscal Impact
Attachments
Link: Red Light Cameras
Form Routing/Status
Route Seq Inbox Approved By Date Status
1 City Clerk Sandy Chase 04/03/2008 12:23 PM APRV
2 Mayor Gary Haakenson 04/03/2008 12:28 PM APRV
3 Final Approval Sandy Chase 04/03/2008 12:30 PM APRV
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Form Started By: Gerry
Gannon
Started On: 04/03/2008 09:48
AM
Final Approval Date: 04/03/2008
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Vims Intersection Safety Analysis
Service Agreement
WHEREAS the City of Edmonds, Washington (City) operates traffic signals at
various high traffic intersections within the City; and
WHEREAS the City believes that a significant number of motorists violate traffic
laws and run red lights; and
WHEREAS the City wishes to quantify the extent of red light running in the City
as a first step to develop city-wide education and enforcement strategies designed to
increase the safety for motorists and pedestrians; and
WHEREAS based on the positive safety results achieved by many other similar
cities and towns in the US, the City believes that the implementation and operation of a
photo-traffic enforcement program will effectively increase voluntary compliance of
traffic laws and result in a cost effective means to reduce dangerous red light running
within the City.
NOW THEREFORE:
1. As a first step, the City hereby contracts with American Traffic Solutions, Inc.
(ATS) to provide technical assistance to assess violation rates and resulting public safety
hazards at intersections and traffic approaches selected by the City.
2. ATS will provide an intersection monitoring and violation assessment analysis
using data gathered by its Axis™ VIMS (Violation Incident Monitoring System). ATS,
with the cooperation of city traffic engineering, will install the VIMS unit at each of the
selected approaches for an 8-hour period, or longer if required in order to accurately
determine driver behavior and violation rates. The VIMS system will record the
beginning period of each red light signal phase and capture video images of potential
violations during each red light sequence. The video images will be reviewed by ATS
staff, who will compile violation data for the Assessment Report. All recordings and
copies thereof shall be properties of ATS, and ATS only. ATS will destroy all recordings
and copies thereof upon the satisfactory acceptance of the Assessment Report by the City.
The VIMS Service provides the City numerical documentation to assess and quantify the
red light running and public safety problem at each of the monitored intersection(s). The
city will pay for all city permits for the VIMS study.
3. The intersection approaches to be analyzed are indicated on Exhibit “1” attached
hereto.
{BFP691266.DOC;1/00006.900000/}
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4. A finding of at least eight to ten (8 to 10) red light running violations per day per
monitored approach, along with a positive installation analysis, shall confirm the public
safety hazard and warrant the need for installation of a red light photo safety cameras at
that intersection approach.
5. RESULTS DISPOSITION:
A. If the analysis of the intersections does not indicate a red light running
problem, there shall be no charge for the service;
B. If the analysis indicates that the monitored approaches pose a red light
running problem, the City agrees that red light photo safety camera systems
should be implemented and that the City shall work in good faith with ATS to
implement a program of at least two (2) approaches.
C. If the City completes an agreement with ATS, there shall be no charge for
the VIMS analysis; or
D. If the City elects not to implement a red light photo safety program with
ATS, even though the data indicates that at least two intersections meet the
minimum standards, the City shall pay ATS $500 per day per approach monitored
by the VIMS system.
6. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by ATS in preparation for the
services rendered by ATS under this Agreement shall be and are the property of ATS and
shall not be considered public records, provided, however, that:
A. Final Document. All final reports, presentations and testimony
prepared by ATS shall become the property of the City upon their
presentation to and acceptance by the City and shall at that date become
public records.
B. Copies. The City shall have the right, upon reasonable request, to
inspect, review and, subject to the approval of ATS, copy any work
product.
7. Hold harmless agreement. In performing the work under this contract, ATS
agrees to protect, indemnify and save the City harmless from and against any and all
injury or damage to the City or its property, and also from and against all claims,
demands, and cause of action of every kind and character arising directly or indirectly, or
in any way incident to, in connection with, or arising out of work performed under the
terms hereof, caused by tortuous or illegal conduct by ATS, its agent, employees,
representatives or subcontractors. ATS specifically promises to indemnify the City
against claims or suits brought under Title 51 RCW by its employees or subcontractors
{BFP691266.DOC;1/00006.900000/}
Packet Page 61 of 63
and waives any immunity that ATS may have under that title with respect to, but only to,
the City. ATS further agrees to fully indemnify City from and against any and all costs
of defending any such claim or demand to the end that the City is held harmless
therefrom. The provisions of this paragraph shall prevail over any other conflicting provision in
this Agreement; however they shall not apply to damages or claims resulting from the sole
negligence of the City.
8. ATS is an independent Contractor. The Parties intend that an independent
Contractor relationship will be created by this Agreement. No agent, employee or
representative of ATS shall be deemed to be an agent, employee or representative of the
City for any purpose. ATS shall be solely responsible for all acts of its agents,
employees, representatives and subcontractors during the performance of this contract.
9. Standard of care. ATS represents that ATS has the necessary knowledge, skill
and experience to perform services required by this Agreement. ATS and any persons
employed by ATS shall use their best efforts to perform the work in a professional
manner consistent with sound practices, in accordance with the usual and customary
professional care required for services of the type described herein.
10. Supervision of employees. ATS is responsible for the direct supervision of its
employees, and a supervisor shall be available at all reasonable times to confer with the
City in regards to services. ATS commits that its services will be performed by careful
and efficient employees trained in the best practice and highest standards imposed by
ATS. ATS agrees to remove any of its employees who in the reasonable opinion of the
City, are guilty of improper conduct or incapable of performing the work assigned to
them.
11. Compliance with laws. ATS in the performance of this Agreement shall comply
with all applicable Federal, State or local laws and ordinances, including regulations for
licensing, certification and operation of facilities, programs and accreditation, and
licensing of individuals, and any other standards or criteria as described in the Agreement
to assure quality of services.
12. Termination. This agreement may be terminated with or without cause by the
City at any time during the term of the agreement by written notice from the City to ATS.
If City so terminates this Agreement, ATS shall immediately stop all work herein and
shall immediately cause its suppliers or subcontractors to cease work. Unless the
termination is for cause, the City shall determine and pay to ATS for the work performed
as set forth in provision 5(D).
13. Entire Agreement and Venue. This agreement contains the entire agreement
and understanding between the parties relating to the rights and obligations created
hereby, and supersedes all prior and contemporaneous negotiations, understandings, and
agreements, written or oral, between the parties. Any prior discussions or understandings
are deemed merged with the provisions herein. This agreement shall not be amended,
assigned or otherwise changed or transferred except in writing with the express written
consent of the parties hereto. Any action to interpret or enforce this agreement shall be
{BFP691266.DOC;1/00006.900000/}
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brought before the Superior Court of Snohomish County, Washington, and the parties
agree that, as between them, all matters shall be resolved in that venue.
14. Force Majeure. Parties shall not be liable for failure to perform or delay in
performance due to fire, flood, strike or other labor difficulty, act of God, act of any
governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or
delays in transportation, or due to any other cause beyond Parties reasonable control. In
the event of delay in performance due to any such cause, the date of delivery or time for
completion will be extended by a period of time reasonably necessary to overcome the
effect of such delay.
AGREED to this _______ day of _____________, 2008.
CITY OF EDMONDS
121 – 5th Ave. North
Edmonds, WA 98020
Mayor Gary Haakenson
ATTEST/AUTHENTICATED:
By:
Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
By:
W. Scott Snyder, City Attorney
AMERICAN TRAFFIC SOLUTIONS, INC.
14861 N. Scottsdale Road, Suite 100
Scottsdale AZ 85254
Print Name:
Its:
{BFP691266.DOC;1/00006.900000/}
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